STATE v. COLLINS

No. 33346.

162 P.3d 787 (2007)

STATE of Idaho, Plaintiff-Respondent, v. Matthew Scott COLLINS, Defendant-Appellant.

Court of Appeals of Idaho.

May 31, 2007.


Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Diane M. Walker, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


PERRY, Chief Judge.

In this case we are asked to determine whether the district court abused its discretion by failing to sua sponte order a psychological evaluation of Collins prior to the imposition of sentence or in refusing to grant probation following a period of retained jurisdiction. For the reasons set forth below, we affirm the judgment of conviction but vacate Collins's sentence and remand.

After his arrest...

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