 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Thomas11/16/1999
uth Africa. Before leaving Idaho, he allegedly used a bad check and false identification to acquire six high-powered rifles and handguns to sell in South Africa. While in South Africa, Thomas falsified a death certificate, which indicated that he had died in South Africa, and sent it to his attorney in Idaho. In November 1997, Thomas reentered the United States. Shortly thereafter, another male friend of Anna Marie Thomas was shot to death in Jerome County, Idaho. As of the time of sentencing in the present case, Thomas had been charged with, but not tried for, that murder. In November 1997, not yet having been apprehended, Thomas returned to South Africa. He reentered the United States on March 26, 1998 and was at that time in possession of eight guns, which were seized by customs officials. In April 1998, he was found and arrested by the FBI in Reno, Nevada. He was then returned to Idaho for sentencing in the present case and was also charged with murder in Jerome County for the above-mentioned shooting.
Thomas argues that the district court's consideration of other alleged offenses, of which he had not been convicted, particularly the murder charge in Jerome County, was improper. However, it is well established that a sentencing court may, with appropriate caution, consider a defendant's alleged criminal conduct for which he has not been convicted or for which charges have been dismissed. State v. Kohoutek , 101 Idaho 698, 699, 619 P.2d 1151, 1152 (1980); State v. Wickel, 126 Idaho 578, 581, 887 P.2d 1085, 1088 (Ct. App. 1994); State v. Barnes, 121 Idaho 409, 411, 825 P.2d 506, 508 (Ct. App. 1992). The record demonstrates that the district court took into account the overriding sentencing goal of the protection of society and appropriately concluded that Thomas presented a grave threat of reoffense if he were not imprisoned. We find no abuse of discretion in the sentence imposed.
CONCLUSION
We hold that the district court did not abuse its discretion in excluding Anna Marie Thomas' testimony, which was not shown to be relevant or of any significant value to the defense. We also conclude that the sentence imposed upon Thomas is not excessive. Therefore, the judgment of conviction and sentence are affirmed.
Chief Judge PERRY and Judge Pro Tem SWANSTROM CONCUR.
Page 1 2 3 4 Idaho DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|