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.