[Download] "State Idaho v. Daniel J. Shofner" by Court of Appeals of Idaho No. 13499 " eBook PDF Kindle ePub Free

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eBook details

• Title: State Idaho v. Daniel J. Shofner
• Author : Court of Appeals of Idaho No. 13499
• Release Date : January 10, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

Daniel Shofner pled guilty to second degree burglary and received an indeterminate five year sentence in the custody of the Board of Corrections. Pursuant to I.C. § 19-2601, the district court retained jurisdiction over Shofner for one hundred twenty days. Shofner was sent to the North Idaho Correctional Institution (NICI) for evaluation and rehabilitative training, with the possibility that the district Judge could later suspend his sentence and place him on probation. The court later extended jurisdiction for an additional sixty days. Near the end of this period, the court, following the recommendation of the classification committee at NICI, relinquished jurisdiction, and left Shofner in the custody of the Board of Corrections to serve the remainder of his sentence. Shofner has appealed the order relinquishing jurisdiction. We affirm. Shofner raises two issues in this appeal. Both concern the adequacy of the procedures employed by the NICI staff in appraising his candidacy for probation. First, he contends that these procedures did not conform to the standards set by the Idaho Supreme Court in State v. Wolfe, 99 Idaho 382, 582 P.2d 728 (1978), and therefore resulted in a denial of due process of law. Second, he asserts that by following the recommendation of an inadequate NICI report, the district court abused its discretion in relinquishing jurisdiction.

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