(Download) "Lyle E. Whitehawk v. State Idaho" by Court of Appeals of Idaho No. 18471 * eBook PDF Kindle ePub Free
eBook details
- Title: Lyle E. Whitehawk v. State Idaho
- Author : Court of Appeals of Idaho No. 18471
- Release Date : January 10, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Lyle Whitehawk appeals from the district court's order denying his petition for post-conviction relief. Whitehawk raises three
issues on appeal. First, Whitehawk argues that the district Judge abused his discretion by sentencing him to a lengthy sentence.
Second, Whitehawk contends that I.C. § 20-223 constitutionally requires that, as a convicted sexual offender, he
receive psychological care and treatment in order to enhance his opportunity for parole. Lastly, Whitehawk asserts that the
Idaho State Board of Correction failed to comply with statutory requirements for a psychological evaluation. For reasons explained
below, we affirm the order dismissing Whitehawk's petition for post-conviction relief. We begin with a brief summary of the proceedings leading up to this appeal. Whitehawk pled guilty to lewd conduct with a
child under sixteen and was sentenced to a sixteen-year indeterminate sentence. The charge arose from Whitehawk's alleged
sexual abuse of his eleven-year old stepdaughter. Whitehawk appealed from his judgment of conviction and sentence, contending
that the district court erred by breaching the terms of the plea agreement and by admitting into evidence, for the purpose
of sentencing, a psychological evaluation of him. Whitehawk also complained that his sentence was excessive in light of the
offense. We affirmed the district court on each of these grounds. Our decision was later upheld by the Idaho Supreme Court.
State v. Whitehawk, 116 Idaho 827, 780 P.2d 149 (Ct.App.1989), aff'd, 117 Idaho 1022, 793 P.2d 695 (1990).