STATE v. MERRIFIELD

No. 16310.

732 P.2d 334 (1987)

112 Idaho 365

STATE of Idaho, Plaintiff-Respondent, v. John Douglas MERRIFIELD, Defendant-Appellant.

Court of Appeals of Idaho.

January 14, 1987.


Attorney(s) appearing for the Case

Malcolm A. Dymkowski (argued) and Charles B. Lempesis, Post Falls, for defendant-appellant.

Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Patrick J. Kole, Deputy Atty. Gen: (argued), Boise, for plaintiff-respondent.


WALTERS, Chief Judge.

This appeal presents the question of whether a defendant may be sentenced to an indeterminate life sentence enhanced by a consecutive fixed period for the use of a firearm. We hold such a sentence is contrary to law and we remand for resentencing.

John Douglas Merrifield was found guilty by a jury of first-degree murder in the shooting death of a hotel manager. The trial judge initially sentenced Merrifield to a fixed twenty...

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