[Download] "State Idaho v. Norman Glenn Rutherford" by Court of Appeals of Idaho * Book PDF Kindle ePub Free

eBook details

Title: State Idaho v. Norman Glenn Rutherford
Author : Court of Appeals of Idaho
Release Date : January 03, 1985
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 63 KB

Description

Norman Rutherford was charged in Jerome County with the crimes of lewd and lascivious conduct with a minor, second degree burglary and grand theft. Another lewd and lascivious charge was pending in Twin Falls County. As the result of a plea bargain, Rutherford pled guilty to the lewd and lascivious conduct charge in Jerome County and the state agreed to drop the other charges. The plea bargain agreement also provided that the state would not affirmatively recommend a life sentence, which is the maximum penalty for lewd and lascivious conduct. See I.C. Â§ 18-6607 (amended and redesignated as I.C. Â§ 18-1508 in 1984). At the sentencing hearing, however, the state specifically recommended a fixed life sentence. The district Judge sentenced Rutherford to an indeterminate life sentence. Rutherford appeals from the judgment of conviction, raising two issues: (1) Is Rutherford entitled to specific performance of the plea bargain agreement? and (2) Did the Judge abuse his discretion in imposing an indeterminate life sentence? Because of our decision on the first issue, we do not reach the second.