State v. Lindquist

Idaho Supreme Court

State v. Lindquist

619 P.2d 1141, 101 Idaho 688, 1980 Ida. LEXIS 538

CourtIdaho Supreme Court

DecidedNovember 13, 1980

Docket13306

StatusPublished

Cited by5 cases

This text of 619 P.2d 1141 (State v. Lindquist) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Lindquist, 619 P.2d 1141, 101 Idaho 688, 1980 Ida. LEXIS 538 (Idaho 1980).

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Opinions

McFADDEN, Justice.

This case was previously before the Court in State v. Lindquist, 99 Idaho 766, 589 P.2d 101 (1979). The facts and legal questions of that previous appeal are amply recited therein and it is sufficient to say that such was an appeal from the imposition of the death penalty following a conviction of first degree murder. That sentence was set aside and the case remanded for resentencing “to any punishment permitted for the conviction of the lesser included offense of second degree murder.”

On remand, the trial judge imposed a determinate sentence of thirty years under the provisions of I.C. § 19-2513A. Appellant asserts that the trial judge erred in that I.C. § 19-2513A had not been enacted by our legislature at the time of the commission of the crime for which appellant stands sentenced. We agree. See State v. Lindquist, supra. Hence, we again set aside the sentence imposed by the trial court and remand the cause to the trial court for resentencing to any punishment permitted for the offense of second degree murder under the provisions of statutes in effect at the time of the commission of the crime in question here.

BAKES, J., concurs.

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McFADDEN, Justice.

This case was previously before the Court in State v. Lindquist, 99 Idaho 766, 589 P.2d 101 (1979). The facts and legal questions of that previous appeal are amply recited therein and it is sufficient to say that such was an appeal from the imposition of the death penalty following a conviction of first degree murder. That sentence was set aside and the case remanded for resentencing “to any punishment permitted for the conviction of the lesser included offense of second degree murder.”

On remand, the trial judge imposed a determinate sentence of thirty years under the provisions of I.C. § 19-2513A. Appellant asserts that the trial judge erred in that I.C. § 19-2513A had not been enacted by our legislature at the time of the commission of the crime for which appellant stands sentenced. We agree. See State v. Lindquist, supra. Hence, we again set aside the sentence imposed by the trial court and remand the cause to the trial court for resentencing to any punishment permitted for the offense of second degree murder under the provisions of statutes in effect at the time of the commission of the crime in question here.

BAKES, J., concurs.

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Bluebook (online)

619 P.2d 1141, 101 Idaho 688, 1980 Ida. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lindquist-idaho-1980.

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