State v. Griffith, 716 P.2d 1385 (Idaho Ct. App. 1986). · Go Syfert
State v. Griffith, 716 P.2d 1385 (Idaho Ct. App. 1986). Cases Citing This Book View Copy Cite
“a defendant may not request a particular ruling by the trial court and later argue on appeal that the ruling was erroneous.”
133 citation events (113 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Clayborn (idahoctapp, 2020-11-12)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (quoted) State v. Clayborn (2×) also: Cited as authority (rule)
Idaho Ct. App. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
a defendant may not request a particular ruling by the trial court and later argue on appeal that the ruling was erroneous.
cited Cited as authority (rule) State of Idaho v. Terry Angelo DeLonnie
Idaho Ct. App. · 2026 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State of Idaho v. Sean Gabriel Davidson
Idaho Ct. App. · 2026 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State of Idaho v. Colby Reid Heaton
Idaho Ct. App. · 2026 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Matteson
Idaho Ct. App. · 2026 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State of Idaho v. William E. Tramel
Idaho Ct. App. · 2026 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Radford
Idaho Ct. App. · 2021 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Radford
Idaho Ct. App. · 2021 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Larsen
Idaho Ct. App. · 2021 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Trevino, III
Idaho Ct. App. · 2020 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Green
Idaho Ct. App. · 2020 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Pickett
Idaho Ct. App. · 2020 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Doyle, Sr
Idaho Ct. App. · 2019 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Howell
Idaho Ct. App. · 2019 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Salinas
Idaho Ct. App. · 2019 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Santiago
Idaho Ct. App. · 2019 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Ratliff
Idaho Ct. App. · 2019 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Funderburg
Idaho Ct. App. · 2019 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Bybee
Idaho Ct. App. · 2019 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Wenzel
Idaho Ct. App. · 2019 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Firmage
Idaho Ct. App. · 2019 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Caldwell
Idaho Ct. App. · 2019 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Klingner
Idaho Ct. App. · 2018 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986). 1.
cited Cited as authority (rule) State v. Hiatt
Idaho Ct. App. · 2018 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Allan
Idaho Ct. App. · 2018 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Mai
Idaho Ct. App. · 2018 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Wallace
Idaho Ct. App. · 2018 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Kylie Louise Kauffman
Idaho Ct. App. · 2018 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Kyle Lee Lasater
Idaho Ct. App. · 2018 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. David E. Wiggins
Idaho Ct. App. · 2018 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Joshua Ross Wilkinson
Idaho Ct. App. · 2017 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Cesar Gabriel Castrejon
Idaho Ct. App. · 2017 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Sharon Bernal Valadez
Idaho Ct. App. · 2017 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Amanda Ruth Klamm
Idaho Ct. App. · 2017 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Corey Eugene Stefani
Idaho Ct. App. · 2017 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Michael James McNearney, Jr.
Idaho Ct. App. · 2016 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Austin Blayney
Idaho Ct. App. · 2016 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Mark Lane Goodson
Idaho Ct. App. · 2016 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Cody Miller Williams
Idaho Ct. App. · 2016 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Brandon Lee Sterling
Idaho Ct. App. · 2016 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Jim Howard, III
Idaho Ct. App. · 2016 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Megan Erin Baker
Idaho Ct. App. · 2016 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Robin J. Belden
Idaho Ct. App. · 2016 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Patricia Grace Workman
Idaho Ct. App. · 2015 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Terrence John Griggs
Idaho Ct. App. · 2015 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Teddy Edghill Substitute
Idaho Ct. App. · 2014 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct.App.1986).
cited Cited as authority (rule) State v. Teddy Edghill
Idaho Ct. App. · 2013 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Benson Barrera
Idaho Ct. App. · 2013 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Kenneth Wayne Lamb
Idaho Ct. App. · 2013 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
cited Cited as authority (rule) State v. Jason Julio Ripley
Idaho Ct. App. · 2012 · confidence medium
State v. Griffith, 110 Idaho 613, 614 , 716 P.2d 1385, 1386 (Ct. App. 1986).
Retrieving the full opinion text from the archive…
STATE of Idaho, Plaintiff-Respondent,
v.
Dennis GRIFFITH, Defendant-Appellant
15859.
Idaho Court of Appeals.
Apr 2, 1986.
716 P.2d 1385
August H. Cahill, Ada County Public Defender’s Office, Boise, for defendant-appellant., Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.
Burnett, Walters, Swanstrom.
Cited by 59 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 82%
Citer courts: Idaho Court of Appeals (1)
BURNETT, Judge.

This is a sentence review case. Dennis Griffith is a former retailer of hearing aids. While in business he took money from customers, and converted it to his own use, but failed to deliver the products. Pursuant to a negotiated agreement, he pled guilty in Ada County to two counts of grand theft under I.C. § 18-2403(3). He received two concurrent, indeterminate sentences of ten years. We affirm.

The Ada County charges were among several filed against Griffith in western Idaho. He was prosecuted on similar charges in Canyon and Gem Counties. Griffith also pled guilty in those counties and was sentenced there before he was sentenced in Ada County. In judgments entered by the Hon. Edward J. Lodge, Griffith received a ten-year indeterminate sentence in Canyon County and a consecutive, indeterminate five-year sentence in Gem County. The Canyon County sentence was stayed while Griffith completed an alcohol treatment program. For reasons not disclosed in the record before us, the Gem County sentence — unlike the Canyon County sentence — recited that jurisdiction would be retained for 120 days under I.C. § 19-2601(4). Neither of those sentences has been appealed.

The Canyon and Gem County sentences generated some debate when sentencing occurred in Ada County. At that time Griffith had completed the alcohol treatment program and had begun serving his Can[*614] yon County sentence. Griffith’s attorney (a lawyer different from his counsel on appeal) recommended that the judge in Ada County impose indeterminate ten-year sentences on the two counts, making them concurrent with each other as well as with the Canyon County sentence. In contrast, the prosecutor asked for consecutive sentences of ten years and five years on the two counts, paralleling both the Canyon and Gem County sentences. Griffith’s attorney resisted- this suggestion, arguing that the ultimate outcome of retained jurisdiction in the Gem County case was not yet known. He warned against creating a “ping pong match” between Ada and Gem Counties. The judge followed defense counsel’s recommendation and imposed concurrent, indeterminate ten-year sentences. This appeal followed.

Griffith now contends that the sentences are excessive. However, we need not fully examine that contention on its merits. The invited error doctrine is well settled in Idaho. A defendant may not request a particular ruling by the trial court and later argue on appeal that the ruling was erroneous. State v. Owsley, 105 Idaho 836, 673 P.2d 436 (1983). This doctrine applies to sentencing decisions as well as to rulings during trial. See, e.g., Williams v. State, 417 So.2d 780 (Fla.Dist.Ct.App.1982); State v. Clevenger, 235 Kan. 864, 683 P.2d 1272 (1984).

There are, of course, limits to this doctrine. It would not apply to a requested sentence that violates the court’s statutory authority. In re Andrews, 18 Cal.3d 208, 113 Cal.Rptr. 365, 555 P.2d 97 (1976); Brosz v. State, 466 So.2d 256 (Fla.Dist.Ct.App.1985). Neither would it apply to a request made without any apparent tactical purpose. See generally J. PURVER & L. TAYLOR, HANDLING CRIMINAL APPEALS § 162 (1980). Moreover, relief might be appropriate if defense counsel heedlessly disregarded his client’s legitimate interests, or otherwise provided ineffective assistance, in a sentencing proceeding. However, the present case invokes none of these exceptions. The concurrent ten-year sentences were well within the district court’s authority. See I.C. § 18-2408(2)(a) (prescribing maximum penalty of fourteen years’ imprisonment for each offense). Defense counsel recommended such sentences because they would impose no confinement beyond that already mandated in the Canyon County case. Finally, the record contains no suggestion that counsel acted against his client’s interests or otherwise provided ineffective assistance.

We conclude that the Ada County sentences were invited. They will not be disturbed on appeal. Accordingly, the judgment of conviction containing these sentences is affirmed.

WALTERS, C.J., and SWANSTROM, J., concur.