(Download) "State Idaho v. Jerry Lee Tucker" by Court of Appeals of Idaho No. 13948 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Jerry Lee Tucker
- Author : Court of Appeals of Idaho No. 13948
- Release Date : January 30, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Jerry Lee Tucker pled guilty to a charge of robbery under I.C. § 18-6501. He was sentenced to five years in the custody of the Board of Correction for the robbery conviction, and the sentence was enhanced by an additional three year term for commission of the crime with the use of a firearm. However, the district Judge suspended the entire sentence and placed Tucker on probation for three years. One year later Tucker was charged with, and admitted, violation of his probation. The probation was revoked and he was placed in the custody of the Board of Correction to serve the original sentence. He appeals the order of the district court revoking his probation and imposing the balance of his sentence. We affirm the order. Tucker raises the following issues: First, was he denied his right to due process in the probation violation proceeding because the district court considered allegations not set forth in the probation violation report? Second, should the enhanced portion of the sentence be set aside because Tucker was not informed, prior to his plea of guilty, that commission of robbery with the use of a firearm carried the possibility of an enhanced sentence? Third, was the sentence excessive, either when it was originally imposed or when the court ordered that the balance be served upon revocation of probation?
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