(Download) "State Idaho v. Richard W. Goldman" by Court of Appeals of Idaho No. 14342 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Richard W. Goldman
- Author : Court of Appeals of Idaho No. 14342
- Release Date : January 31, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Richard T. Goldman pled guilty to kidnapping a woman with intent to rape her. He was sentenced to the custody of the Board of Correction for an indeterminate period up to thirty years. The district Judge pronounced sentence immediately upon acceptance of the plea, without ordering a presentence investigation and without asking Goldman or defense counsel whether they wished to speak or to present information in mitigation of punishment. For reasons explained below, we hold that the sentence was imposed by improper procedure. Accordingly, we vacate the sentence and remand the case for resentencing. The underlying conviction is not disturbed. This appeal turns upon Rules 32 and 33 of the Idaho Criminal Rules. Rule 32(a) provides that presentence investigation reports need not be ordered in every criminal case but that [with] respect to felony convictions, if the trial court does not require a presentence investigation and report, the record must show affirmatively why such an investigation was not ordered. Rule 33(a)(1) further provides as follows:
 "State Idaho v. Richard W. Goldman" by Court of Appeals of Idaho No. 14342 # eBook PDF Kindle ePub Free){kind=link}