State v. Bartholomew

Decision Date24 March 1981
Docket NumberNo. 13463,13463
Citation102 Idaho 106,625 P.2d 1109
PartiesSTATE of Idaho, Plaintiff-Respondent, v. Leon BARTHOLOMEW, Defendant-Appellant.
CourtIdaho Supreme Court

Michael Powers, Twin Falls, for defendant-appellant.

David H. Leroy, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, John A. Bradley, Sp. Deputy Atty. Gen., Rupert, for plaintiff-respondent.

PER CURIAM.

Appellant was charged in May 1979 with grand larceny, I.C. § 18-4604, the information alleging the theft of one hundred head of lambs valued at approximately $6,500. Appellant entered a guilty plea and a presentence investigation was ordered. On the day set for sentencing, the district court heard evidence presented by appellant in mitigation of sentence. The court also considered the presentence investigation report, appellant's prior criminal record, the facts and circumstances of the offense, and other factors including the alternative of release programs as opposed to incarceration. The court then sentenced appellant to an indeterminate term of seven years. Appellant seeks review, contending that the court abused its sentencing discretion by not retaining jurisdiction and/or placing appellant on probation.

The sentence imposed was well within the statutory maximum limit proscribed for the crime of grand larceny. I.C. § 18-4606. Where sentence imposed is within the statutory limits, an appellant has the burden of showing a clear abuse of discretion on the part of the sentencing court. State v. Dillon, 100 Idaho 723, 604 P.2d 737 (1979); State v. Seifart, 100 Idaho 321, 597 P.2d 44 (1979); State v. Chapa, 98 Idaho 54, 558 P.2d 83 (1976). Upon review of the information before the sentencing court, including the presentence investigation report and appellant's prior criminal record which reflects two previous felonies in Idaho concerning grand larceny of livestock, it is the conclusion of this court that appellant has failed to meet that burden. The court below did not abuse its discretion in sentencing appellant to an indeterminate seven-year term.

Affirmed.

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11 cases
  • State v. Viehweg
    • United States
    • Idaho Court of Appeals
    • June 6, 1995
    ...to deny probation, his refusal to retain jurisdiction for further evaluation is not an abuse of discretion. State v. Bartholomew, 102 Idaho 106, 107, 625 P.2d 1109, 1110 (1981); State v. Dechenne, 124 Idaho 11, 12, 855 P.2d 472, 473 The record clearly indicates that the district court consi......
  • State v. Wolfe
    • United States
    • Idaho Court of Appeals
    • November 30, 1984
    ...as here, a sentence is within statutory limits it will not be disturbed unless clear abuse of discretion is shown. State v. Bartholomew, 102 Idaho 106, 625 P.2d 1109 (1981). Such an abuse of discretion may be found if the sentence imposed is shown to be unreasonable upon the facts of the ca......
  • State v. Toohill
    • United States
    • Idaho Court of Appeals
    • September 8, 1982
    ...has applied the "clear abuse of discretion" standard to review of decisions on whether to retain jurisdiction. See State v. Bartholomew, 102 Idaho 106, 625 P.2d 1109 (1981); State v. Shanacroplous, 100 Idaho 789, 605 P.2d 967 (1980); cf. State v. Wolfe, supra (concerning a decision to relin......
  • State v. Teal
    • United States
    • Idaho Court of Appeals
    • October 4, 1983
    ...not represent an abuse of discretion under Toohill. See also State v. Delin, 102 Idaho 151, 627 P.2d 330 (1981); State v. Bartholomew, 102 Idaho 106, 625 P.2d 1109 (1981); State v. Wilson, 100 Idaho 725, 604 P.2d 739 (1979); State v. Maki, 98 Idaho 557, 569 P.2d 361 CREDIT FOR TIME SERVED T......
  • Request a trial to view additional results

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