State v. Thurlow

Judge GUTIERREZ,

concurring in part and dissenting in part.

I concur in sections 11(A) and 11(B) and respectfully dissent in section 11(C) of the majority opinion based on the Idaho Supreme Court’s recent decision in State v. Window,, 150 Idaho 873, 253 P.3d 310 (2011).

As the majority notes in Window,, the Idaho Supreme Court held that a sentencing court may impose a determinate life sentence based solely upon the nature and gravity of the offense. Id. at 876, 253 P.3d at 313. The Court further held that a defendant’s potential for rehabilitation may also be considered, but reiterated that the…