This being the time fixed pursuant to order of the Court for pronouncement of judgment and imposition of sentence in this case, Court noted the presence of counsel and the defendant.
Court reviewed the prior proceedings conducted in this case, including the charge and the maximum penalty prescribed by law.
Court stated that the Presentence Report, an Addendum to Presentence Report, a Psycho-Sexual Evaluation, Defense Clarification to the Psycho-Sexual Evaluation, Defense Memorandum and various correspondence had been received and reviewed by the Court.
Mr. Thompson argued in support of the Court accepting the Rule 11 Plea Agreement in this case. Mr. Wullenwaber argued in support of the Court accepting the Rule 11 Plea Agreement. For reasons articulated on the record, the Court accepted the Rule 11 Plea Agreement.
Mr. Wullenwaber had nothing in addition to his written submissions to offer by way of rebuttal to and/ or in explanation of the information contained in the Presentence Report.
No victim(s) appeared to make an under oath statement as provided by § 19-5306, Idaho Code. Mr. Thompson presented a letter from the victim’s father, who is currently out of town, and read the letter into the record.
Mr. Thompson stated that the State does not have a breakdown of restitution for all of the victims and requested time to allow it to gather that information. There being no objection from Mr. Wullenwaber, Court scheduled a restitution hearing for 3:00 P.M. on December 5, 2005. To the extent that counsel can stipulate to the amount of restitution, no hearing will be required.
Pursuant to the agreement of counsel, Court ordered that the nine letters it has received regarding this defendant, seven of which are already attached to the Presentence Report, be appended to the Presentence Report.
In response to inquiry from the Court, neither the State nor the defendant had any testimony or other evidence to present in aggravation of or in mitigation of punishment.
Mr. Wullenwaber directed statements to the Court in mitigation of and in recommendation of punishment. There being no objection from the State and for reasons articulated on the record, Court ordered the Defense Clarification Regarding PsychoSexual Evaluation and PSI and Defense Sentencing Memorandum sealed.
Defendant made a statement to the Court in his own behalf.
Mr. Thompson directed statements to the Court in aggravation of and in recommendation of punishment.
Court asked if the defendant had any lawful cause to show why judgment should not be pronounced against him. Mr. Wullenwaber replied stating that no such lawful cause existed.
Based upon the defendant’s plea of guilty, the Court found the defendant guilty of 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 and ordered that he stand convicted thereof. Court sentenced the defendant to the custody of the Idaho State Board of Correction for a life term, consisting of a minimum period of confinement of five (5) years during which the defendant will not be eligible for parole or reduction of sentence or credit against sentence for good time served except as otherwise provided by law followed by a subsequent maximum indeterminate term not to exceed life, with credit against such sentence for time served, Court retaining jurisdiction for a period not to exceed 180 days.
Court further ordered the defendant to pay court costs in the amount of $288.50 and a $5,000 fine. Court reserved ordering an amount of restitution until an amount can be determined by conducting an evidentiary hearing or upon stipulation of counsel.
Court imposed a civil judgment pursuant to Idaho Code 19-5307 in the amount of $4,000 to be distributed to the victims.
Court scheduled a review of retained jurisdiction hearing for 4:00 P.M. on February 27, 2006.
Court further ordered that the defendant be evaluated pursuant to Idaho Code § 18-8314, and shall submit to DNA testing in accordance with Idaho Code§ 19-5506.
Defendant was remanded to the custody of the Latah County Sheriff pending delivery to an authorized agent of the Idaho State Board of Correction for execution of sentence.
