State v. Seifart, No. 13030

• Court: Idaho Supreme Court
• Writing for the Court: WALTERS; SHEPARD, C. J., BAKES and BISTLINE, JJ., and BEEBE
• Citation: 100 Idaho 321,597 P.2d 44
• Parties: The STATE of Idaho, Plaintiff-Respondent, v. John A. SEIFART and Robert Stanford, Defendants, and Davis R. Stewart, Defendant-Appellant.
• Docket Number: No. 13030
• Decision Date: 05 July 1979

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597 P.2d 44 100 Idaho 321 The STATE of Idaho, Plaintiff-Respondent,
v.
John A. SEIFART and Robert Stanford, Defendants,
and Davis R. Stewart, Defendant-Appellant. No. 13030. Supreme Court of Idaho. July 5, 1979.

[100 Idaho 322]

Page 45

Edward J. Anson, Wallace, for defendants.

David H. Leroy, Atty. Gen., Eugene A. Ritti, Deputy Atty. Gen., Boise, for plaintiff-respondent.

WALTERS, Justice, Pro Tem.

Davis R. Stewart appeals from a sentence imposed following entry and acceptance of a plea of guilty to the crime of robbery. Pursuant to I.C. § 18-6503, the district court sentenced the appellant to the custody of the Idaho State Board of Corrections for "an indeterminate period of time not to exceed the rest of his natural life." Appellant's sole issue presented on this appeal is whether the trial court abused its discretion and sentenced the defendant to an excessive sentence.

It is well established that the sentence to be imposed in any particular matter is within the discretion of the trial court and will not be disturbed on appeal unless an abuse of discretion appears. A sentence that is within the limits prescribed by statute ordinarily will not be considered an abuse of discretion. State v. Lawrence, 97 Idaho 775, 554 P.2d 953 (1976); State v. Mooneyham, 96 Idaho 145, 525 P.2d 340 (1974); State v. Trowbridge, 95 Idaho 640, 516 P.2d 362 (1973).

Here the sentence imposed was not beyond the statutory maximum limit prescribed for the crime of robbery. I.C. § 18-6503. Where a sentence is imposed within the statutory limits, an appellant has the burden of showing a clear abuse of discretion on the part of the court which imposed the sentence; this showing is dependent upon the circumstances of each particular case. State v. Chapa, 98 Idaho 54, 558 P.2d 83 (1976); State v. Cunningham, 97 Idaho 650, 551 P.2d 605 (1976); State v. Ogata, 95 Idaho 309, 508 P.2d 141 (1973).

From the record in this case it appears that the appellant and a co-defendant entered the home of Mr. and Mrs. Jack Gaslar in Kellogg, Idaho, on the evening of August 4, 1977. The entry was made through a back door; the appellant and his companion had been drinking and were [100 Idaho 323]

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brandishing a sawed-off shotgun. The Gaslars were an elderly couple and were somewhat debilitated because of their advanced ages. The intruders demanded the keys to the Gaslar's vehicle and Mr. Gaslar's billfold. Mr. Gaslar, who was lame, was shoved about by one of the men. Mrs. Gaslar escaped and fled the house and was chased by one of the men until she reached a neighbor's home. There the police were called.

The intruders then fled and were subsequently apprehended. At the time of the arrest, they were in possession of the Gaslar's car keys and the sawed-off shotgun. Thereafter the appellant and his co-defendants pleaded guilty to the charge of robbery. A further accusation of possession of a firearm during the commission of the robbery in violation of I.C. § 19-2520, was dismissed by the State.

At the time of the incident, the appellant was a parolee from the Idaho State Correctional Institution, having been released from custody on March 23, 1977. The presentence investigation conducted in this matter following the appellant's plea of guilty to the robbery charge, shows a lengthy history of criminal activity on the part of the appellant, both in his own name and by admitted aliases. It shows one felony of grand larceny reduced to a misdemeanor of joyriding, in 1973; a conviction for first degree burglary in 1975 whereby the appellant was sentenced to the State penal institution for a period of time not to exceed nine years, with the court...