State v. Martinez

A jury found Jose Martinez guilty of possession of stolen property, I.C. § 18-4612, and of being a persistent violator, I.C. § 19-2514. At the sentencing hearing, the trial judge sentenced Martinez to the custody of the Idaho State Board of Correction for a fixed ten-year term on the stolen property conviction and to a consecutive indeterminate twenty-year term for being a persistent violator. After the hearing was adjourned but before the trial judge left the courtroom, Martinez’ attorney informed the judge the second sentence imposed might be illegal. The trial judge took the issue under…