An appellate court conducts an independent review of the record to determine if a sentence is excessive by considering the nature of the offense, the offender's character, and public interest.
After a juvenile was waived to adult jurisdiction and sentenced to a ten-year indeterminate term for attempted robbery, he appealed on the grounds that the sentence was excessive given his youth. The court conducts an independent review of the record to determine if a sentence is excessive by focusing on the nature of the offense, the character of the offender, and the protection of the public interest. Because the defendant's history showed a pattern of violent behavior and substance abuse, and the offense placed victims in life-threatening situations, the court held the sentence was not an abuse of discretion and was necessary to protect society.
653 P.2d at 1184 Appellate court's independent review of sentencing contention379 citing casesexplaining that the appellate court conducts an independent review of the record, having regard for the nature of the offense, the character of the offender, and the protection of the public interest in reviewing a contention that the sentencing court imposed an excessively harsh sentence
- State of Idaho v. Joseph Reyes, No. 52385 (Idaho Ct. App. Aug. 10, 2026).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State of Idaho v. Koche Roland Alio, 591 P.3d 560 (Idaho Ct. App. 2026).publishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Sartin, No. 51676 (Idaho Ct. App. Mar. 5, 2026).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Johnson, 587 P.3d 723 (Idaho Ct. App. 2025).published State v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Martens, No. 51711 (Idaho Ct. App. July 10, 2025).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Vazquez, No. 50500 (Idaho Ct. App. June 25, 2025).publishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Cavanaugh, No. 50145 (Idaho Ct. App. Aug. 29, 2024).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Nugent, 558 P.3d 274 (Idaho Ct. App. 2024).publishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Votroubek, No. 50522 (Idaho Ct. App. July 25, 2024).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Hartwell, No. 50599 (Idaho Ct. App. June 27, 2024).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
Show 186 more citing cases
- State v. Howell, No. 49901 (Idaho Ct. App. Apr. 19, 2024).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Wilson, No. 49914 (Idaho Ct. App. Feb. 29, 2024).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Rinebarger, 536 P.3d 887 (Idaho Ct. App. 2023).published State v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Schug, No. 49737 (Idaho Ct. App. July 20, 2023).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Hawley, No. 49623/49624 (Idaho Ct. App. July 10, 2023).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Schwab, No. 49046 (Idaho Ct. App. June 27, 2023).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Martin, No. 49361 (Idaho Ct. App. May 11, 2023).unpublishedState v. Reinke, 3 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. O'Brien, No. 49333 (Idaho Ct. App. Apr. 14, 2023).unpublishedState v. Reinke, 103 Idaho 771 , 5 772, 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Neuenschwander, No. 49164 (Idaho Ct. App. Apr. 10, 2023).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Palken, No. 49636 (Idaho Ct. App. Apr. 4, 2023).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Lee, 529 P.3d 771 (Idaho Ct. App. 2023).publishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Labbee, No. 49424 (Idaho Ct. App. Jan. 31, 2023).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. D'Arcy, No. 49043 (Idaho Ct. App. Dec. 30, 2022).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Young, No. 48891/48892 (Idaho Ct. App. Nov. 28, 2022).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. McPherson, No. 49206 (Idaho Ct. App. Aug. 15, 2022).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Fisher, No. 48765 (Idaho Ct. App. May 31, 2022).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Kelly, No. 48685/48686 (Idaho Ct. App. Apr. 29, 2022).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. White, No. 47976 (Idaho Ct. App. Jan. 21, 2022).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Verwer, No. 48136 (Idaho Ct. App. Sept. 28, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Ohlson, No. 47137 (Idaho Ct. App. July 22, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Cruse, No. 47801 (Idaho Ct. App. July 20, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Wilson, No. 47358 (Idaho Ct. App. July 14, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Oberg, No. 47207 (Idaho Ct. App. July 13, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Martin, No. 47809 (Idaho Ct. App. May 20, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Bolstad, No. 47050 (Idaho Ct. App. Apr. 29, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Jay, No. 47400 (Idaho Ct. App. Apr. 13, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Brown, No. 48221 (Idaho Ct. App. Mar. 31, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Smith, No. 47455 (Idaho Ct. App. Mar. 29, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Bowlin, No. 48036 (Idaho Ct. App. Mar. 11, 2021).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Deboer, 484 P.3d 204 (Idaho Ct. App. 2021).published State v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Biggs, 480 P.3d 150 (Idaho Ct. App. 2020).publishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Ruff, No. 47028 (Idaho Ct. App. Dec. 16, 2020).publishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Harris, No. 47635 (Idaho Ct. App. Dec. 3, 2020).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. McGrath Amended, No. 47442 (Idaho Ct. App. Oct. 16, 2020).unpublished State v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Magsamen, 474 P.3d 1252 (Idaho Ct. App. 2020).published State v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Morozko, No. 46689 (Idaho Ct. App. Sept. 28, 2020).unpublishedState v. Reinke, 103 Idaho 771, 772 , 653 P.2d 1183, 1184 (Ct. App. 1982).
- State v. Kristina M. Quintana, 306 P.3d 209 (Idaho Ct. App. 2013).published
- State v. Scott Anthony Hansen, 303 P.3d 241 (Idaho Ct. App. 2013).published
- Robert J. Frauenberger, 297 P.3d 257 (Idaho Ct. App. 2013).published
- Randall S. Rothwell, 294 P.3d 1137 (Idaho Ct. App. 2013).published
- State v. Robert Cassidy Hansen (Idaho Ct. App. 2012).published
- State v. Bruce E. Reed, 294 P.3d 1132 (Idaho Ct. App. 2012).published
- State v. Albert A. Ciccone, 297 P.3d 1147 (Idaho Ct. App. 2012).published
- State v. Charles Leo Baker, 290 P.3d 1284 (Idaho Ct. App. 2012).published
- State v. Kevin Christian Overline, 296 P.3d 420 (Idaho Ct. App. 2012).published
- State v. Javier Aguilar, 296 P.3d 407 (Idaho Ct. App. 2012).published
- State v. Robert Cassidy Hansen (Idaho Ct. App. 2012).published
- State v. Marlin Wayne Dewitt, 289 P.3d 60 (Idaho Ct. App. 2012).published
- State v. Joseph Richard Clinton (Idaho Ct. App. 2012).published
- State v. Mark Free (Idaho Ct. App. 2013).unpublished
- State v. Torrey Lee Friedrich (Idaho Ct. App. 2013).unpublished
- State v. Kirk Julliard Gosch (Idaho Ct. App. 2013).unpublished
- State v. Devin J. McCullough (Idaho Ct. App. 2013).unpublished
- State v. Maloney (Idaho Ct. App. 2013).unpublished
- State v. Peggy Sue Neumeyer (Idaho Ct. App. 2013).unpublished
- State v. Ronald Jack Palos (Idaho Ct. App. 2013).unpublished
- State v. Richard Andrew Hubbard (Idaho Ct. App. 2013).unpublished
- State v. Ronald Stanley Favini (Idaho Ct. App. 2013).unpublished
- State v. Damian A. Ayarzagoitia (Idaho Ct. App. 2013).unpublished
- State v. Sandee Denise Cargile (Idaho Ct. App. 2013).unpublished
- State v. Deborah Mary Izer (Idaho Ct. App. 2013).unpublished
- State v. Bruce Wayne Sharp (Idaho Ct. App. 2013).unpublished
- State v. Trinidad Cardenas Cardoza (Idaho Ct. App. 2013).unpublished
- State v. Orion Clayton M.L. Shaff (Idaho Ct. App. 2012).unpublished
- State v. Henry Sanchez, Jr. (Idaho Ct. App. 2012).unpublished
- State v. Tony Ray Brown (Idaho Ct. App. 2012).unpublished
- State v. Dennis O. Cox (Idaho Ct. App. 2012).unpublished
- State v. Dennis Keith Timberlake, Jr. (Idaho Ct. App. 2012).unpublished
- State v. Kelo Ronon Smoke (Idaho Ct. App. 2012).unpublished
- State v. Nicholas Dean Childers (Idaho Ct. App. 2012).unpublished
- State v. Amanda Leann Skogen (Idaho Ct. App. 2012).unpublished
- State v. Dusty Hal Runner (Idaho Ct. App. 2012).unpublished
- State v. Dawn M. Johnson (Idaho Ct. App. 2012).unpublished
- State v. Donald Gene Morris (Idaho Ct. App. 2012).unpublished
- State v. Amanda Michelle Gouge (Idaho Ct. App. 2012).unpublished
- State v. Chester Lee Olsen (Idaho Ct. App. 2012).unpublished
- State v. Weston Kenneth Nelson (Idaho Ct. App. 2012).unpublished
- State v. Lori Ann Phillips (Idaho Ct. App. 2012).unpublished
- State v. Patrick James Shepherd (Idaho Ct. App. 2012).unpublished
- State v. Sasha Dee Martinez (Idaho Ct. App. 2012).unpublished
- State v. Donald James Belden (Idaho Ct. App. 2013).unpublished
- State v. Evan M. Garcia-Anderson (Idaho Ct. App. 2013).unpublished
- State v. Lucero Leal Mitchell (Idaho Ct. App. 2013).unpublished
- State v. Debby Rae Johnson (Idaho Ct. App. 2013).unpublished
- State v. Sunny Angel Robison (Idaho Ct. App. 2013).unpublished
- State v. Winn (Idaho Ct. App. 2013).unpublished
- State v. Max Lamont Thomas (Idaho Ct. App. 2013).unpublished
- State v. Christopher Mark Taylor (Idaho Ct. App. 2013).unpublished
- State v. Ryan Lee Johnson (Idaho Ct. App. 2013).unpublished
- State v. Thomas Zachary Alec Paulk (Idaho Ct. App. 2013).unpublished
- State v. Brandon Joshua Peaslee (Idaho Ct. App. 2013).unpublished
- State v. Ricardo Ozuna, Jr., 316 P.3d 109 (Idaho Ct. App. 2013).published
- State v. Christopher Lee Lay (Idaho Ct. App. 2013).unpublished
- State v. Heather Nicole Jorgensen (Idaho Ct. App. 2013).unpublished
- State v. Garry K. Widmyer, 313 P.3d 770 (Idaho Ct. App. 2013).published
- State v. Nicholas David Johnson (Idaho Ct. App. 2013).unpublished
- State v. Brian Richard Ford (Idaho Ct. App. 2013).unpublished
- State v. Lloyd Hardin McNeil, 313 P.3d 48 (Idaho Ct. App. 2013).published
- State v. Ryan Lee Johnson AMENDED 9/4/13 (Idaho Ct. App. 2013).unpublished
- State v. Adrian Allan Harthcock (Idaho Ct. App. 2013).unpublished
- State v. Gillespie- Sexually exploitative, 316 P.3d 126 (Idaho Ct. App. 2013).published
- State v. Lawrence J. Crow (Idaho Ct. App. 2013).unpublished
- State v. Gillespie- Sexually exploitative (Idaho Ct. App. 2013).published
- State v. Rafael Galvan, 326 P.3d 1029 (Idaho Ct. App. 2014).published
- State v. Aaron William Frandsen (Idaho Ct. App. 2014).unpublished
- State v. Wayne D. Anderson, 322 P.3d 312 (Idaho Ct. App. 2014).published
- State v. Frank D. Marks, 328 P.3d 539 (Idaho Ct. App. 2014).published
- State v. Larry Lee James Stadtmiller (Idaho Ct. App. 2014).unpublished
- State v. David James McPeak (Idaho Ct. App. 2014).unpublished
- State v. Ernie J. Trujillo (Idaho Ct. App. 2014).unpublished
- State v. Michael Lynn Johnson (Idaho Ct. App. 2014).unpublished
- State v. Kirk Allen Huff (Idaho Ct. App. 2014).unpublished
- State v. Torres (Idaho Ct. App. 2014).unpublished
- State v. Gregory Raymond Higgins, Jr. (Idaho Ct. App. 2014).unpublished
- State v. Timothy Eugene Estep (Idaho Ct. App. 2014).unpublished
- State v. Michael Jared Thompson (Idaho Ct. App. 2014).unpublished
- State v. Shirley Marie Stone-Jones (Idaho Ct. App. 2014).unpublished
- State v. Jordan D. Everhart (Idaho Ct. App. 2015).unpublished
- State v. John Matthew Lonkey (Idaho Ct. App. 2015).unpublished
- State v. James Edward Jones (Idaho Ct. App. 2015).unpublished
- State v. Melisa Renee Bates (Idaho Ct. App. 2015).unpublished
- State v. Richard Gabriel Bennett (Idaho Ct. App. 2015).unpublished
- State v. Jonathon Hernandez (Idaho Ct. App. 2015).unpublished
- State v. Justin Scott Cosner (Idaho Ct. App. 2015).unpublished
- State v. Juan Roberto Jimenez, 362 P.3d 541 (Idaho Ct. App. 2015).published
- State v. Domingo Jesus Diaz, 349 P.3d 1220 (Idaho Ct. App. 2015).published
- State v. Matthew James Gonzales, 343 P.3d 1119 (Idaho Ct. App. 2015).published
- State v. Dwayne Allan Bradley, 343 P.3d 508 (Idaho Ct. App. 2015).published
- State v. Shepherd Reale, 343 P.3d 49 (Idaho Ct. App. 2014).published
- State v. Donald Ray Yarber, III (Idaho Ct. App. 2015).unpublished
- State v. Ronald G. Bird (Idaho Ct. App. 2015).unpublished
- State v. Donald Ray Yarber (Idaho Ct. App. 2015).unpublished
- State v. Thomas John Kralovec (Idaho Ct. App. 2016).unpublished
- State v. Cody Porter Radford (Idaho Ct. App. 2016).unpublished
- State v. Bradley Ryan Thomasson (Idaho Ct. App. 2016).unpublished
- State v. Jorge A. Mora Elizondo (Idaho Ct. App. 2016).unpublished
- State v. Dawn Marie Orr (Idaho Ct. App. 2016).unpublished
- State v. Cody Sellers, 387 P.3d 137 (Idaho Ct. App. 2016).published
- State v. Joshua Robert Burns (Idaho Ct. App. 2016).unpublished
- State v. Derrick J. Aschliman (Idaho Ct. App. 2016).unpublished
- State v. LDonna Marie Youmans, 383 P.3d 142 (Idaho Ct. App. 2016).published
- State v. Patrick Segundo Oar, 388 P.3d 65 (Idaho Ct. App. 2016).published
- State v. Robert Conrad MacNeilage (Idaho Ct. App. 2016).unpublished
- State v. Scott Lee Mickelsen (Idaho Ct. App. 2017).unpublished
- State v. Anthony Robert Bonilla, 392 P.3d 1243 (Idaho Ct. App. 2017).published
- State v. Robert Antonelli Steady, Jr. (Idaho Ct. App. 2017).unpublished
- State v. Michael Anthony Loya, Jr. (Idaho Ct. App. 2017).unpublished
- State v. Jason Roy Barrett, No. 43947 (Idaho Ct. App. Oct. 25, 2017).published
- State v. Anthony Reed Dailey-Schmidt (Idaho Ct. App. 2018).unpublished
- State v. Dickson (Idaho Ct. App. 2018).unpublished
- State v. Ritchie (Idaho Ct. App. 2018).unpublished
- State v. Hutto (Idaho Ct. App. 2018).unpublished
- State v. Mocaby (Idaho Ct. App. 2018).unpublished
- State v. Bickhart, No. 45829 (Idaho Ct. App. Sept. 25, 2018).published
- State v. Black (Idaho Ct. App. 2018).unpublished
- State v. Ayarzagoitia (Idaho Ct. App. 2018).unpublished
- State v. Puckett (Idaho Ct. App. 2018).unpublished
- State v. Carpentier (Idaho Ct. App. 2019).unpublished
- State v. Conley (Idaho Ct. App. 2019).unpublished
- State v. Zizumbo (Idaho Ct. App. 2019).unpublished
- State v. Bennett (Idaho Ct. App. 2019).unpublished
- State v. Carpentier (Idaho Ct. App. 2019).unpublished
- State v. Thomas, Jr (Idaho Ct. App. 2019).unpublished
- State v. Evans (Idaho Ct. App. 2019).unpublished
- State v. White (Idaho Ct. App. 2019).unpublished
- State v. Nold, No. 46515 (Idaho Ct. App. Aug. 30, 2019).unpublished
- State v. Droogs, No. 45852 (Idaho Ct. App. Aug. 28, 2019).unpublished
- State v. Flowers, No. 45597 (Idaho Ct. App. Oct. 28, 2019).unpublished
- State v. Steel, No. 46177 (Idaho Ct. App. Oct. 30, 2019).unpublished
- State v. Dearing, No. 46053 (Idaho Ct. App. Nov. 7, 2019).unpublished
- State v. Brisbo, No. 46495 (Idaho Ct. App. Dec. 18, 2019).unpublished
- State v. Victory, No. 46015 (Idaho Ct. App. Feb. 20, 2020).unpublished
- State v. Cazier, No. 46480 (Idaho Ct. App. Feb. 20, 2020).unpublished
- State v. Whitecotton, No. 45755 (Idaho Ct. App. Feb. 7, 2020).unpublished
- State v. Sorensen, No. 47014/47015 (Idaho Ct. App. Apr. 28, 2020).unpublished
- State v. Hollis, No. 46075/46076 (Idaho Ct. App. Apr. 29, 2020).unpublished
- State v. Yang, 477 P.3d 998 (Idaho Ct. App. 2020).published
- State v. Williams, 479 P.3d 445 (Idaho Ct. App. 2020).published
- State v. McCoy, No. 46436 (Idaho Ct. App. June 8, 2020).unpublished
- State v. Burrington, No. 46856 (Idaho Ct. App. July 7, 2020).unpublished
- State v. Melius, No. 46820/46821/46850/46851 (Idaho Ct. App. July 29, 2020).unpublished
- State v. Randall, No. 46893, 2020 WL 4691650 (Idaho Ct. App. Aug. 13, 2020).published
- State v. Golden, Sr., 473 P.3d 377 (Idaho Ct. App. 2020).published
- State v. Shunn, No. 46773 (Idaho Ct. App. Aug. 28, 2020).unpublished
- State v. Marshall, No. 46937 (Idaho Ct. App. Sept. 3, 2020).unpublished
- State v. May, No. 46908 (Idaho Ct. App. Sept. 16, 2020).unpublished
653 P.2d at 1185 Determining sentence length based on offender's criminal history5 citing cases
- State v. Turner, 38 P.3d 1285 (Idaho Ct. App. 2001).published
- State v. Alvarez, 69 P.3d 167 (Idaho Ct. App. 2003).published
- State v. Alsanea, 69 P.3d 153 (Idaho Ct. App. 2003).published
- State v. Jensen, 46 P.3d 536 (Idaho Ct. App. 2002).published
- State v. Sibley, 61 P.3d 616 (Idaho Ct. App. 2002).published
103 Idaho at 772 “we conduct an independent review of the record, focusing on the nature of the offense and the character of the offender,”2 citing cases
- State v. Joslin, 816 P.2d 1019 (Idaho Ct. App. 1991).published
- State v. Casper, 853 P.2d 1 (Idaho Ct. App. 1993).published
Other citing cases
- State v. Corney, No. 51502 (Idaho Ct. App. Oct. 2, 2025).unpublished
v.
Leonard Lloyd REINKE, Defendant-Appellant
A juvenile petition alleged that sixteen-year-old Leonard Reinke attempted to commit a robbery on August 10, 1981, in violation of I.C. §§ 18-306, 18-6501. Due to Reinke’s prior juvenile record, the magistrate found that Reinke was not amenable to further treatment in the juvenile system. The magistrate waived exclusive jurisdiction under the Youth Rehabilitation Act, and Reinke was charged as an adult. After he pled guilty to the attempted robbery charge, he was sentenced by the district court to a term of imprisonment not to exceed ten years, notwithstanding the prosecutor’s recommendation of an indeterminate five-year term.
The sole issue we address in this appeal is the question whether the ten-year, indeterminate sentence was excessive and an abuse of discretion, in light of Reinke’s youth. We affirm the sentence. Reinke has also invited us to decide whether the Board of Correction has abused its authority, during his confinement, by not affording him all of the rehabilitative programs recommended by the district judge when imposing the sentence. We decline to address this issue because it relates to matters outside the record — and subsequent to the time — of the proceedings in the district court. If there is a judicial remedy for Reinke’s perceived grievance against the Board of Correction, it is not -available through an appeal from the sentence imposed by the district court.
The primary responsibility for sentencing rests within the discretion of the trial judge. State v. Delin, 102 Idaho 151, 627 P.2d 330 (1981). The ten-year, indeterminate sentence imposed upon young Reinke was within the statutory limits for attempted robbery. The court could have sentenced Reinke to a fixed fifteen-year term. See I.C. §§ 18-306 and 18-6501 in conjunction with §§ 19-2513A and 20-223.
Ordinarily, we will not disturb a sentence within the statutory maximum unless the[*772] appellant affirmatively shows a “clear abuse of discretion.” State v. Anderson, 103 Idaho 622, 651 P.2d 556 (Ct.App.1982). The scope of our review in a case where a sentence is alleged to be excessive in length requires that this court make an independent examination of the record, having regard to the nature of the offense, the character of the offender, and the protection of the public interest. State v. Shideler, 103 Idaho 593, 651 P.2d 527 (1982).
We have held that a term of confinement is reasonable, and not excessive, to the extent it appears necessary, at the time of sentencing, to accomplish the primary objective of protecting society and to achieve any related goals of deterrence, rehabilitation or retribution applicable to a given case. State v. Anderson, supra; State v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct. App.1982).
Reinke maintains that an indeterminate ten-year period in the state penitentiary would effectively turn the formative years of his young life into an ever-progressing school for crime. He argues that the protection of society and his own rehabilitation would be adequately served by a reasonable sentence not to exceed five years.
These arguments must be weighed against the record. Turning first to the nature of the offense, the record discloses that Reinke and a companion apparently followed an elderly couple into the foyer of their apartment building at 10:30 p.m. Wielding a knife, Reinke demanded the man to turn over his wallet. The wallet had no money in it. Reinke’s companion then ordered the woman to hand over her purse, at which point Reinke decided he did not want to take her money and the two young men gave up their robbery intentions and departed. Reinke later stated that pri- or to this incident he had ingested seventeen “hits of acid,” and he and his companion had shared a full fifth of alcohol. Although no one was hurt in this incident, the crime placed two victims in a life-threatening situation. This is a serious offense, even though no money was taken and the robbery was prematurely discontinued.
As for the character of Reinke, although he was only sixteen years old at the time of this incident, his life shows an established pattern of uncontrolled substance abuse and violent behavior towards others. The record discloses that he had little parental guidance since the age of nine, when his parents split up and he moved to Idaho with his mother. At the age of thirteen, Reinke was sent to the Youth Services Center in St. Anthony, Idaho, for counseling and treatment. He remained there thirty-five months. During this time, he assaulted counselors, ran away several times, and was obstreperous and uncontrollable in programs offered at the center. Much of this time he spent in “lock up” because of his disruptive behavior. He was released from the Youth Services Center six months prior to the attempted robbery. In the presentence investigation, after Reinke pled guilty to the attempted robbery, the authorities at the center predicted that he would be a dangerous threat to the public.
During the six months after his release from the Youth Services Center and before he was apprehended for the attempted robbery charge, Reinke lived a transient existence. He subsisted by stealing money and food, by fencing stolen weapons, by selling controlled substances, and by stealing vehicles when he needed transportation.
He also suffered from substance abuse— of both alcohol and drugs. By his own admission, he tended to go “overboard” when using these substances, and it appears that most of his criminal activity occurred while he was under the influence of some massive quantity of controlled drugs or alcohol.
Considering the nature of the offense and the character of the appellant, we believe that protection of the public interest required a sentence of confinement in this case. See State v. Shideler, supra; State v. Stormoen, 103 Idaho 83, 645 P.2d 317 (1982). In reviewing the length of confinement under an indeterminate sentence, we will take account of parole eligibility. State v. Toohill, supra. Assuming Reinke exhibits gen[*773] uine signs of reform, he could be eligible for parole after serving one-third of the ten-year sentence, or three and one-third years. I.C. § 20-223.
We believe that upon any reasonable view of the facts a term of at least three and one-third years’ confinement does not exceed the period necessary to protect society from Reinke’s established pattern of criminal behavior. We conclude that the sentence imposed is not excessive, and it is affirmed.
SWANSTROM and BURNETT, JJ., concur.