IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF
THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH
STATE OF IDAHO,
STEVEN JAMES SITLER,
Case No. CR-2005-02027
JUDGMENT OF CONVICTION AND
ORDER RETAINING JURISDICTION
PURSUANT TO I.C. 19-2601(4)
On the 26th day of September, 2005, the defendant, STEVEN JAMES SITLER, defendant’s counsel, Dean Wullenwaber, and the State’s attorney, William W. Thompson, Jr., appeared before this Court for pronouncement of judgment.
At that time the defendant was again advised that a Criminal Information had been filed charging the defendant with the felony offense of LEWD CONDUCT WITH A MINOR UNDER SIXTEEN YEARS OF AGE, Idaho Code 18-1508, committed between the months of September, 2003, and March, 2005, and that on July 7, 2005, the defendant entered a plea of guilty to such charge which plea was accepted by the Court.
The Court, having considered the Pre-sentence Investigation Report, the evidence, if any, of circumstances in aggravation and in mitigation of punishment, the arguments of counsel and any statement of the defendant, asked the defendant if he had any legal cause to show why judgment should not be pronounced at this time to which defendant replied that there was none.
Good cause appearing,
The Court finds that the defendant, STEVEN JAMES SITLER, having pleaded guilty to the crime of LEWD CONDUCT WITH A MINOR UNDER SIXTEEN YEARS OF AGE, in violation of Idaho Code Section Idaho Code 18-1508, a felony, is guilty of that offense; and
IT IS ORDERED ADJUDGED AND DECREED, that STEVEN JAMES SITLER stands CONVICTED OF RECORD of the crime of LEWD CONDUCT WITH A MINOR UNDER SIXTEEN YEARS OF AGE, in violation of Idaho Code Section Idaho Code 18-1508, and that defendant be committed to the custody of the Idaho State Board of Correction for a period of LIFE. Pursuant to Idaho Code 19-2513, the defendant shall serve a minimum period of confinement of not less than FIVE (5) YEARS, during which the defendant shall not be eligible for parole or discharge or credit or reduction of sentence for good conduct except for meritorious service. The defendant is further ordered to pay FINE of $5,000.00 plus $288.50 court costs. Pursuant to Idaho Code 19-5307 the defendant is ordered to pay a CIVIL JUDGMENT to the victim in the amount of $4,000.00. The issue of restitution shall be reserved by the court and a restitution hearing is scheduled December 5, 2005, at 3:00 p.m.
FURTHER, pursuant to Idaho Code 19-5406 the defendant shall provide a DNA sample.
FURTHER, pursuant to Idaho Code 18-8314(2), the court hereby requests that the Idaho Sexual Offender Classification Board review the defendant for the purpose of determining whether he should be designated as a violent sexual predator presenting a high risk of reoffense.
PROVIDED FURTHER, the Court elects to exercise its discretion pursuant to Idaho Code 19-2601(4) and retain jurisdiction over the defendant for a period of one hundred eighty (180) days from the date of this order. The defendant shall be transported to Latah County for the review hearing on February 27, 2006, at 4:00 p.m., or upon completion of programming, whichever is sooner.
IT IS FURTHER ORDERED that the Clerk of the Court, Latah County, deliver two (2) certified copies of the Judgment of Conviction to the Sheriff of Latah County, one to serve as a commitment of the defendant to the Idaho State Board of Correction, and that the Sheriff of Latah County shall deliver such copy to the appointed agents of the Idaho State Board of Correction when the defendant is delivered to such agents’ custody.
DATED this 12th day of October, 2005, nunc pro tunc to September 26, 2005.
John R. Stegner