State v. Richard Turner Kerr

Richard Turner Kerr appeals from his judgment of conviction and sentence for grand theft by possession of stolen property. Kerr asserts that the district court violated his Fifth Amendment right during the sentencing hearing, rising to the level of fundamental error. For the reasons set forth below, we affirm.

I

FACTS AND PROCEDURE

Pursuant to a plea agreement, Kerr pled guilty to grand theft by possession of stolen property, I.C. § 18-2403(4), in exchange for the dismissal of an allegation that he is a persistent violator. The parties stipulated to recommend a period of retained jurisdiction.…