Bean v. State

BAKES, Chief Justice.

This Court, having granted a petition for review of the decision of the Court of Appeals in the above entitled matter, affirms the decision of the Court of Appeals, except as hereinafter modified.

The Court of Appeals concluded that, on remand, “The [trial] court shall determine whether Caudill’s recantation is material to the sentence and, if so, whether justice requires the sentence to be changed.” 119 Idaho 506, 809 P.2d 506 (Ct.App.1990). We agree with the Court of Appeals that on remand the first determination which the district court must make is whether or not the…