State v. Wagenius

I

I join in the majority opinion, excepting Part VI. In Part VI, the majority upholds the sentence meted out by the district court to Ms. Wagenius. The Court’s opinion indicates at least an attempt at meaningful appellate court review, the lack of which I objected to in State v. Adams, 99 Idaho 75, 577 P.2d 1123 (1978).

Janella Wagenius’s attempt at budgeting the spending of her welfare check was not a success. Divorced in September, 1974, at the age of 20 and awarded custody of a one and a half year old baby, she opened the ill-starred bank account on December 5, 1974, with a $170.00 deposit.…