State v. Benjamin Main

• Court: Idaho Court of Appeals
• Decided: October 16, 2014
• Status: Unpublished

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 41198

STATE OF IDAHO, ) 2014 Unpublished Opinion No. 770 ) Plaintiff-Respondent, ) Filed: October 16, 2014 ) v. ) Stephen W. Kenyon, Clerk ) BENJAMIN MAIN, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY )

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Valley County. Hon. Thomas F. Neville, District Judge.

Order relinquishing jurisdiction, affirmed.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________

Before GUTIERREZ, Chief Judge; LANSING, Judge; and MELANSON, Judge

PER CURIAM Benjamin Main pled guilty to lewd conduct with a child under the age of sixteen years, I.C. § 18-1508, and sexual abuse of a child under the age of sixteen years. I.C. § 18-1506(c). In exchange for his guilty pleas, the state agreed not to file additional charges, including an allegation that Main was a persistent violator. The district court sentenced Main to an indeterminate life term, with a minimum period of confinement of twenty years, for lewd conduct with a child under the age of sixteen years and a concurrent unified term of twenty-five years, with a minimum period of confinement of twenty years, for sexual abuse of a child under the age of sixteen years. The district court retained jurisdiction and, following completion of Main’s participation in the rider program, relinquished jurisdiction. Upon relinquishment of jurisdiction, the district court sua sponte reduced Main’s sentences to an indeterminate life term,

1 with a minimum period of confinement of seventeen years, for lewd conduct with a child under the age of sixteen years and a concurrent unified term of twenty-five years, with a minimum period of confinement of seventeen years, for sexual abuse of a child under the age of sixteen years. Main filed an I.C.R. 35 motion seeking further reduction of his sentences, which the district court denied. Main appeals, arguing the district court should have further sua sponte reduced his sentences. Our decision in State v. Clontz, 156 Idaho 787, 792, 331 P.3d 529, 534 (Ct. App. 2014) forecloses a claim that a district court erred by failing to sua sponte reduce an underlying sentence upon relinquishment of jurisdiction. Main asserts that Clontz is distinguishable from his case because the district court did sua sponte reduce his sentences. However, the district court did not err because it did not deny any relief requested by Main. Furthermore, Main filed a Rule 35 motion for reduction of his sentence, which the district court denied and which Main did not appeal from. Accordingly, Main’s argument fails and we will not further address Main’s claims. The district court’s order relinquishing jurisdiction is affirmed.