IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH
– COURT MINUTES –
John R. Stegner
District Judge
Jodi M. Stordiau
Court Reporter
Tape: 05-3-79/581
Time: 2:25 P.M.
Date: July 7, 2005
STATE OF IDAHO,
Plaintiff,
vs.
STEVEN JAMES SITLER,
Defendant.
Case No. CR-05-02027
APPEARANCES:
William W. Thompson, Jr., Prosecutor
Appearing on behalf of the State
Defendant present with counsel,
Dean Wullenwaber, Lewiston, ID
Subject of Proceedings:ARRAIGNMENT
This being the time fixed pursuant to order of the Court for conducting an arraignment in this case, Court noted the presence of counsel and the defendant. In response to inquiry from the Court, the defendant stated that he is Steven James Sitler.
Court informed the defendant of the charge against him, Lewd Conduct With a Minor Under Sixteen Years of Age, in violation of Idaho Code 18-1508, and of the maximum penalty that offense carries upon conviction of up to life in the state penitentiary and a $50,000 fine. Court informed the defendant that he would be required to register as a sex offender were he to plead guilty or be found guilty of that charge.
Court informed the defendant of his rights as a defendant in a criminal case and advised him of the procedures to be followed and questioned him on his understanding of his rights.
In response to inquiry from the Court, defendant stated that he had been home schooled through the seventh grade and finished school at a Christian School in Stephens County, Colville, Washington, and that he is currently enrolled in New St. Andrews College in Moscow and has completed seven quarters there.
Court read the charging portion of the Criminal Information to the defendant. In response to inquiries from the Court, defendant stated that he is aware of the identity of the alleged victim, who is identified only as “—.—.—.” in the Criminal Information, and that he did not wish the Court to explain the material elements the State would be required to prove should this case proceed to trial. Defendant entered a plea of guilty to the felony offense of Lewd Conduct With a Minor Under Sixteen Years of Age as charged in the Criminal Information on file in this case. Court questioned the defendant regarding his guilty plea. Mr. Thompson informed the Court of the facts the State is prepared to prove should the case proceed to trial. Court questioned defense counsel and the defendant regarding defendant’s guilty plea.
In response to inquiry from the Court, Mr. Wullenwaber stated that Stephen Lindsley had been contacted to arrange a Psycho-Sexual Evaluation of the defendant.
Court ordered that a presentence investigation be completed by the Department of Correction and report filed with the Court and served upon counsel no later than September 1, 2005. If the defendant intends to offer any testimony or other evidence in rebuttal to the information contained in the Presentence Report, Mr. Wullenwaber shall so notify the State and the Court in writing no later than 5:00 P.M. on September 7, 2005.
Court ordered defendant to appear for pronouncement of judgment and imposition of sentence at 3:00 P.M. on September 12, 2005.
Court questioned the defendant further regarding his guilty plea. Court again asked the defendant for his plea. Defendant again entered a plea of guilty to the felony offense of Lewd Conduct With a Minor Under Sixteen Years of Age as charged in the Criminal Information. Court found that the defendant is intelligent and articulate, that he understands the nature of the offense with which he has been charged, that he understands the consequences of a guilty plea, and that there is a factual basis for the plea, concluding that the guilty plea has been freely and voluntarily made. Court accepted the defendant’s plea of guilty, but reserved acceptance of the Rule 11 Plea Agreement until after it has an opportunity to review the Presentence Report and the Psycho-Sexual Evaluation.
