State v. Seifart, 13030

Decision Date05 July 1979
Docket NumberNo. 13030,13030
Citation100 Idaho 321,597 P.2d 44
PartiesThe STATE of Idaho, Plaintiff-Respondent, v. John A. SEIFART and Robert Stanford, Defendants, and Davis R. Stewart, Defendant-Appellant.
CourtIdaho Supreme Court

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 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 retaining jurisdiction for one hundred and twenty days. At the expiration of the retained jurisdiction, apparently the appellant was placed on probation because he was thereafter convicted in 1976 of grand larceny, received a concurrent sentence of five years and was returned to the penitentiary as a probation violator.

During the proceedings at sentencing in this matter, the trial judge reviewed the facts of the incident and the appellant's prior criminal record. He observed:

"Well, I don't think that there is anything I can add to this other than the fact that I would agree that the Court has no alternative than to provide a long period of incarceration for the protection of the public."

We agree with the conclusion of the trial court, and find that there was no abuse of discretion in imposing a life sentence, given the circumstances of the crime and the past record of the appellant.

Appellant further argues that the sentence imposed upon him was excessive when compared with a lesser sentence given to one of his co-defendants for the active participation of that co-defendant in the robbery, and also when compared with other sentences imposed in Shoshone County, Idaho, for robbery convictions occurring during the past twenty years.

It does not follow that disparity of sentences between multiple defendants involved in the same criminal activity, or between different defendants for committing similar crimes, constitutes excessiveness of sentence as to any particular defendant. An argument somewhat comparable to the appellant's was raised in United States v. Vita, 209 F.Supp. 172 (E.D.N.Y. 1962). There the petitioner Vita, by way of an application for Writ of Habeas Corpus, contended that, by receiving a fifteen-year sentence while a co-defendant received only a six-year sentence for participation in the same bank robbery, he had been denied the equal protection of the laws under the Fourteenth Amendment to the Constitution. By implication, he also claimed that he had been subjected to cruel and inhuman punishment in violation of the Eighth Amendment to the Constitution. The Court treated the allegations of the petition as setting forth a claim of violation of due process of law under the Fifth Amendment, and stated:

"Assuming that due process under the 5th Amendment also means equal protection of the law, there can be no doubt that Vita received equal protection of...

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44 cases
  • State v. Johns
    • United States
    • Idaho Supreme Court
    • 29 April 1987
    ...set out by the legislature, will not be disturbed on appeal unless there is a clear showing of abuse of discretion. State v. Seifert, 100 Idaho 321, 597 P.2d 44 (1979); State v. Wolfe, 99 Idaho 382, 582 P.2d 728 (1978); State v. Chapa, 98 Idaho 54, 558 P.2d 83 (1976). A sentence will only c......
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    • Idaho Supreme Court
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    ...discretion. State v. Cotton, 100 Idaho 573, 602 P.2d 71 (1979); State v. Powers, 100 Idaho 290, 596 P.2d 802 (1979); State v. Seifert, 100 Idaho 321, 597 P.2d 44 (1979). Although it is argued that the trial judge may have been influenced by certain statements made by police officers, which ......
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    • United States
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    • 29 May 1998
    ...depending on the circumstances of the crime and the character of the defendant in his or her individual case. State v. Seifart, 100 Idaho 321, 597 P.2d 44 (1979); State v. Smith, 123 Idaho 290, 847 P.2d 265 (Ct.App.1993); State v. Cambron, 118 Idaho 624, 798 P.2d 469 (Ct.App.1990); State v.......
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    • 16 June 1988
    ...set out by the legislature and we will not disturb it on appeal absent a clear showing of an abuse of discretion. State v. Seifart, 100 Idaho 321, 597 P.2d 44 (1979); State v. Wolfe, 99 Idaho 382, 582 P.2d 728 (1978). Whether the trial court abused its discretion by not being lenient and re......
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