(Download) "State Idaho v. Alan Brandt" by Court of Appeals of Idaho No. 15887 " eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Alan Brandt
- Author : Court of Appeals of Idaho No. 15887
- Release Date : January 04, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Alan Brandt escaped from the Cassia County Jail on July 15, 1984, while awaiting sentencing for three felonies to which he had earlier pled guilty. Brandt was recaptured the same day. As a result of the escape, Brandt was convicted by a jury of escape, injury to jail property, assault, and robbery. The jury also found that Brandt was a persistent violator since he had been previously convicted of the three felonies on which he was awaiting sentencing. Based upon his status as a persistent violator, Brandt was sentenced to twenty years for the escape. He also received sentences of two years for injury to jail property, ninety days for assault and ten years for robbery. The sentences for escape, jail injury, and assault were to be served concurrently. The robbery sentence was to be served consecutive to the twenty-year sentence for escape. Further, the court ordered that all of these sentences were to be consecutive to the ones imposed for the three felonies for which Brandt was waiting to be sentenced when he escaped. On appeal, Brandt raises three issues. First, he contends that the persistent violator charge was improper because the three previous felony convictions had been entered in a single proceeding all on the same day. He urges that those three convictions should be treated as a single conviction, precluding application of the persistent violator statute. Second, he asserts that he was denied effective assistance of counsel because his attorney failed to question whether the three convictions should be treated as one. Finally, Brandt argues that the sentences imposed by the trial court were unduly harsh and excessive. We affirm.
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