(DOWNLOAD) "State Idaho v. Sammy Camarillo" by Court of Appeals of Idaho No. 17567 " Book PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Sammy Camarillo
- Author : Court of Appeals of Idaho No. 17567
- Release Date : January 27, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
This appeal comes to us from an order denying a motion to correct an allegedly illegal sentence under Idaho Criminal Rule
35. Sammy Camarillo is serving a twenty-year indeterminate sentence for second degree murder, enhanced by an additional indeterminate
period of ten years for using a firearm during commission of the crime. The sole issue is whether the sentence imposed was
illegal because the district Judge characterized the ten-year enhancement as a "consecutive" sentence. Although we disapprove
of this terminology, we hold that it does not render the sentence illegal. Therefore, we affirm. The term "consecutive" is inappropriate when referring to a sentence enhancement for use of a firearm. It may connote, inaccurately,
the existence of two separate sentences. It is well established in our case law that, regardless of the terminology employed,
a firearm enhancement is part of a single sentence. Although we require the enhancement to be specifically identified for
possible appellate review, "the base sentence and the enhancement should be construed as one continuous sentence." State v.
Vega, 113 Idaho 756, 757, 747 P.2d 778, 779 (Ct.App.1987). See also State v. Saykhamchone, 112 Idaho 1128, 739 P.2d 427 (Ct.App.1987);
State v. Money, 109 Idaho 757, 710 P.2d 667 (Ct.App.1985).
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