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State v. Longest

October 6, 2010

STATE OF IDAHO, RESPONDENT,
v.
JESSY BENJAMIN LONGEST, DEFENDANT-APPELLANT.



Appeal from the District Court of the Fourth Judicial District of the State of Idaho, Ada County. The Honorable Michael E. Wetherell, District Judge.

The opinion of the court was delivered by: J. Jones, Justice.

2010 Opinion No. 106

The judgment of the district court is affirmed.

Jessy Benjamin Longest appeals his judgment of conviction for failing to register as a seX offender. We affirm.

I. Procedural History

In June of 2008, the State charged Jessy Longest with failure to register as a sex offender in violation of Idaho Code section 18-8309. Longest pleaded guilty to the offense pursuant to an oral plea agreement:

DEFENSE COUNSEL: It's our position at this point that we are going to enter a guilty plea pursuant to a plea agreement with the State where the State will recommend-he's going to plead guilty to failure to register. The State will have its recommendation of three years fixed, plus seven years indeterminate, for a total of ten, with probation, capped with 180 days Ada County Jail. Fine, restitution, public defender reimbursement to be determined by the Court.

And the defendant agrees to cooperate with the presentence investigation and any and all evals that are ordered by the Court. And I think that's all. The defense is free to argue for less.

THE COURT: Is that the State's understanding, Counsel?

THE STATE: Yes, Your Honor.

The district court reiterated the oral plea agreement at the subsequent sentencing hearing:

THE COURT: The Court will note that its notes do reflect that the State agreed that it would not argue for an underlying sentence in excess of ten years with three fixed and seven indeterminate suspended for probation, a 180 day Ada County Jail cap.

Consistent with the plea agreement, the State recommended that Longest receive a ten-year sentence with three years fixed and probation with 180 days of jail. The district court rejected the recommendation and sentenced Longest to a ten-year term of imprisonment, with five years fixed, but retained jurisdiction for 180 days.

At the close of the retained jurisdiction period, Longest appeared back before the district court with a recommendation from the North Idaho Correctional Institution (NICI) that the court relinquish jurisdiction. The State, without objection from defense counsel, argued that the court should relinquish jurisdiction and impose the underlying sentence based on Longest's poor rider performance. Defense counsel, while recognizing that ―it is very unlikely that the Court grants him probation‖ given the recommendation in the NICI report, argued for probation or, in the alternative, for an additional period of retained jurisdiction. At the conclusion of the hearing, the court stated that Longest's rider report was ―one of the worst‖ it had ever seen and relinquished jurisdiction. Longest then filed a timely appeal from the judgment of ...


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