January 6, 2005
Blakely not a problem in Idaho
Thanks to a tip from a FOB ("friend of blog"), I can report on the first Blakely case that I know about from Idaho. Today, in Idaho v. Stover, No. 30313 (Idaho Jan. 6, 2005), the Idaho Supreme Court ruled that Blakely does not effect Idaho's "indeterminate sentencing system." Here's some key language from the opinion:
Idaho's sentencing scheme requires no findings of fact under I.C. § 19-2521... [and] the wording of the statute and Statement of Purpose plainly show these are true guidelines that merely suggest sentencing criteria for exercising the court’s discretion....
Idaho’s review of sentences is under an abuse of discretion standard and is not dependent upon specific fact finding enforced statute. Additionally, Idaho has specified sentences that may be enhanced, i.e., I.C. § 19-2520, extended sentences for use of a firearm or deadly weapon. All of these enhanced sentence schemes for firearm, drug amounts or prior convictions are submitted to the jury as part of the crime and proven beyond a reasonable doubt.
Throughout I.C. § 19-2521, there are references to the full discretion of the sentencing judge. Idaho Code § 19-2521(1) in dealing with aggravating sentencing issues leaves to the "opinion" of the district court as to whether imprisonment is appropriate. The legislative history and statutory language are clear in stipulating that the district court’s decision-making process should include a review of I.C. § 19-2521 criteria but the district court’s own discretion or opinion is the final authority. When looking at the mitigating factors of I.C. § 19-2521(2) the statute states the “grounds, while not controlling the discretion of the court, shall be accorded weight.”...
Idaho’s sentencing scheme is unaffected by the holding in Blakely.
January 6, 2005 at 02:56 PM | Permalink
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i would like to learn more about the blakely law pleaseif could give me a detailed insight on this law
Posted by: vonda givens | Jan 13, 2005 8:14:37 PM
iwould like to know more about the blakely law
Posted by: vonda givens | Jan 13, 2005 8:17:16 PM
My name is Diana Santiago from Jersey City, New Jersey. I am criminal justice major and i am very interested in finding out about the blakely law. My email address is DianaSantiago1966@hotmail.com. Plus I have a friend at a prison in Trenton, N.J. Doing 30 to 15 and 15 to 7 consecutive and we are looking for it to be 15 to 7 concurrent.
Posted by: Diana Santiago | Mar 1, 2005 1:42:07 AM
My name is Veronica Law. I'm not a student, professor or attorney but I'm interested in how this law works. My husband is facing Federal charges for trafficing drugs and I would like to know our options prior to sentencing. Please send me information.
Posted by: Veronica | Jun 19, 2007 1:07:41 AM
My son was sentenced in Federal Prison in Tennessee in which he received 60 months for possession of a firearm. When he was caught he only had 2 bullets in his pocket and he dropped gun miles away. The attorney talked him into making a plea agreement for both charges instead of a trial. He was SCREWED!! Furthermore, he was serving state time for breaking his probation due to this crime and the judge didn't run his times CONCURRENT. He has to serve total of 6 years and 4 months for 2 aggravated burglery charges (due to addiction to crack) and for stealing a gun. Can u help? Does the Blakely rule help him? Also, how can we go in front of the Judge to reuest his remaining time be run concurrent with state time?
Posted by: Cindy Carter | Aug 23, 2007 10:34:15 PM
Posted by: | Oct 14, 2008 6:45:58 AM