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STATE v. CHAPMAN

No. 16393.

739 P.2d 310 (1987)

112 Idaho 1011

STATE of Idaho, Plaintiff-Respondent/Cross-Appellant, v. John R. CHAPMAN, Defendant-Appellant/Cross-Respondent.

Supreme Court of Idaho.

Rehearing Denied June 8, 1987.

Attorney(s) appearing for the Case

Gar Hackney, Lynn, Scott & Hackney, Boise, for defendant-appellant/cross-respondent.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., David R. Minert (argued), Deputy Atty. Gen., Boise, for plaintiff-respondent/cross-appellant.

SHEPARD, Chief Justice.

This is an appeal from a conviction of kidnapping in the second degree, and a cross-appeal by the State from the sentence imposed. The only issue on the principal appeal is whether the strictures of I.C. § 18-301 prevent the appellant Chapman from being "punished" for kidnapping since he was already convicted and punished for criminal contempt of court. We affirm both the principal appeal and the cross-appeal.

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