State v. Kaiser

• Decision Date: 31 January 1985
• Docket Number: No. 15573,15573
• Citation: 108 Idaho 17,696 P.2d 868
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Michael L. KAISER, Defendant-Appellant.
• Court: Idaho Supreme Court

Page 868

696 P.2d 868

108 Idaho 17

STATE of Idaho, Plaintiff-Respondent, v. Michael L. KAISER, Defendant-Appellant.

No. 15573.

Supreme Court of Idaho.

Jan. 31, 1985.

John C. Lynn (argued), of Lynn, Scott & Hackney, Boise, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A.I. Stahman, Deputy Atty. Gen. (argued), Boise, for plaintiff-respondent.

BISTLINE, Justice.

Michael Kaiser was charged with first degree murder and possession of a firearm during the commission of a crime. After a six-day trial the jury returned verdicts finding Kaiser guilty of the lesser included offense of second degree murder, and guilty of carrying or displaying a firearm during the commission of the murder.

A sentence hearing was held at which arguments in mitigation and aggravation were heard. The court also reviewed the defendant's presentence report. Upon consideration of this record, the trial court imposed an indeterminate life sentence for second degree murder and a consecutive fifteen-year sentence for carrying or displaying a firearm during the commission of the murder. The trial judge made it clear that it was his understanding that the two sentences would be served consecutively:

I think the sentencing in this case should be under the indeterminate sentence law. And I have in mind that a person sentenced for life imprisonment under the state would be eligible for parole in 10 years as I interpret the statute. I guess the Board of Corrections thinks that maybe they can get out at five, I don't know, but I think the law is clear that it is a ten-year minimum. And if the sentence was made for the maximum on the firearms, displaying the firearms statute that would be a 15-year maximum and I would think that if the sentence was passed under the indeterminate sentence law for 15 years on that one, that certainly even with that added on he'd be eligible for parole in five years on that sentence.

So he could be eligible for parole if the maximum was passed under the indeterminate sentence law on both of those counts. In other words, he could be out in 15 years if he behaves himself the way I see it. ¹

On appeal, the Court of Appeals affirmed in part and vacated in part the trial court. 106 Idaho 501, 681 P.2d 594 (1984). The Court of Appeals ruled that the indeterminate life sentence for second degree murder was not excessive. We agree with this decision of the Court of Appeals and affirm the holding that the indeterminate life sentence was not excessive. The Court of Appeals also held that the additional 15-year sentence for conviction of displaying a firearm could not be imposed to enhance the indeterminate life sentence. The reasons for this decision were set forth as follows:

In spite of the mandatory language of § 19-2520, it is obvious that an enhanced sentence need not be given in every case covered by the statute. Taken literally, § 19-2520 would require a district judge to impose an additional term of not less than three years even where the underlying sentence might be the death penalty. This would be a meaningless application of the statute. It likewise would be a useless act to enhance a fixed life sentence where there is no possibility of parole.

We also find it conceptually difficult to apply the enhancement provisions to a sentence calling for an indeterminate life imprisonment. A sentence to the custody of the Board of Corrections for a term not to exceed life terminates only upon the death of the inmate or by a pardon granted by the Commission of Pardons and Parole. A sentence is not terminated by parole. When an inmate is released on parole his sentence continues until it terminates by operation of law or until the Commission of Pardons and Parole grants a final discharge to a person on parole prior to the expiration of the sentences. I.C. § 20-233.

106 Idaho at 502, 681 P.2d at 595.

The Court of Appeals vacated the 15-year enhancement sentence and affirmed the indeterminate life sentence. Because we believe the Court of Appeals erred, we reverse that decision and reinstate the judgment of the district court.

The troublesome language is found in I.C. § 19-2520:

Any person convicted of [one of the enumerated offenses] who displayed, used, threatened, or attempted to use a firearm ... while committing the crime, shall, in addition to the sentence imposed for the commission of the crime, be imprisoned in the state prison for not less than three (3) nor more than fifteen (15) years. Such additional sentence shall run consecutively to any other sentence imposed for the above cited crimes.

The legislative language clearly evidences its intent that involvement of a firearm mandates an additional prison term of three to fifteen years. The legislative purpose obviously was the increase of the penalty for commission of a crime using a firearm. Manifestly, the legislature inartfully referred to the additional penalty when it referred to "such additional sentence," in going on to provide that the additional time would be served consecutively to the term imposed for the crime committed. (Emphasis added). Had the legislature spoken of additional "term" instead of "additional sentence," its language would have more accurately patterned its apparent purpose.

Nevertheless, semantic distinctions of this nature cannot provide the foundation for undermining the clear intent of the legislature: persons who commit crimes using firearms are to be accorded greater punishment than...