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130 Idaho 293

939 P.2d 1372

State v. Jackson

Idaho Supreme Court

Decided April 9, 1997

Idaho Supreme Court · decided 1997-04-09

Relies on State v. Toohill · State v. Brown · State v. Broadhead

Good law ✅— No negative treatment on recordhow we know

Decided 1997-04-09

How this case has been cited

Cited by 14 later decisions — most recently June 2023

14 state decisions

501997200020102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Chief Justice TROUT,

¶1dissenting from the Court’s opinion.

¶2I write only to indicate that I believe that the trial court is in the best position to make the determination of the appropriate sentence. Where the record reflects that the sentencing judge carefully considered the evidence and statements presented to him and the four goals of sentencing, this Court should set aside the sentence only where reasonable minds could not differ as to the excessiveness of the sentence. State v. Broadhead, 120 Idaho 141, 145, 814 P.2d 401, 405 (1991) (quoting State v. Small, 107 Idaho 504, 505, 690 P.2d 1336, 1337 (1984), overruled in part on other grounds by State v. Brown, 121 Idaho 385, 393, 825 P.2d 482, 490 (1992)). This Court should not substitute its judgment for that of the sentencing judge where reasonable minds could differ as to whether the sentence is necessary to achieve the four goals of sentencing. Id.,120 Idaho at 145, 814 P.2d at 405 (quoting State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct.App.1982)). The record here reflects that the trial judge carefully considered the heinous nature of the offense, the devastating impact on the victims, and the fact that Jackson had previously been convicted of this offense, as well as society’s need to be protected from this type of predator. I find no abuse of discretion and, thus, must respectfully dissent.

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