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STATE v. JOCKUMSEN

No. 34581.

229 P.3d 1179 (2010)

STATE of Idaho, Plaintiff-Respondent, v. Michael L. JOCKUMSEN, Defendant-Appellant.

Court of Appeals of Idaho.

April 1, 2010.

Attorney(s) appearing for the Case

Molly J. Huskey, State Appellate Public Defender; Sarah E. Tompkins, Deputy Appellate Public Defender, Boise, for appellant. Sarah E. Tompkins argued.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent. Mark W. Olson argued.

LANSING, Chief Judge.

On appeal from his judgment of conviction for attempted strangulation, Michael L. Jockumsen argues that the district court violated his Fifth Amendment privilege against self-incrimination and Idaho Code § 18-215 by considering for sentencing purposes information contained in reports of psychiatrists who performed competency evaluations of Jockumsen. Jockumsen also asserts that the district court erred when it failed to sua sponte

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