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eBook details

• Title: State Idaho v. Brian Daniel Hayes
• Author : Court of Appeals of Idaho
• Release Date : January 02, 1992
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

I.C. § 18-6108. While acquitting Hayes on that charge, the jury convicted him of the lesser offense of committing the infamous crime against nature, in this case anal intercourse. I.C. § 18-6605. The district court imposed a minimum term of confinement of five years and a maximum term of twelve years. Hayes appeals, arguing that the maximum penalty for the crime is five years when I.C. § 18-6605 is read in proper context. He also argues that the court erroneously interpreted the statute to require a minimum period of confinement of five years, and that incarceration for the act constitutes cruel and unusual punishment. Our review of the relevant statutes and case law leads us to conclude that the maximum penalty for the crime is left to the courts discretion, and that imprisonment for the act is not cruel and unusual. However, we conclude that the court erred when it determined that I.C. § 18-6605 required a minimum period of confinement of five years. Therefore, we remand to have the district court set a minimum term under the Unified Sentencing Act, I.C. § 19-2513.

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