State v. Sarabia

JOHNSON, Justice.

These are drug trafficking cases that have been consolidated on appeal. The primary issue presented is the constitutionality and enforceability of the portion of I.C. § 37-2732B (the drug trafficking statute) that provides minimum fixed terms of imprisonment from which the trial court may deviate only upon motion of the prosecuting attorney. We conclude that these fixed terms are not authorized by art. 5, § 13 of the Idaho Constitution, and, therefore, invade the inherent authority of the court and are unconstitutional, null, void, and unenforceable.

I

THE BACKGROUND AND PRIOR…