State v. Cardona

Genaro Cardona pled guilty to a charge of assault with a deadly weapon. I.C. § 18-906. The district court imposed an indeterminate sentence of two years on the charge of assault with a deadly weapon, and imposed an additional sentence of three years under the felony firearm statute, I.C. § 19-2520, to run consecutively to the first sentence. Cardona appeals from the imposition of the consecutive sentences. The sole issue presented on appeal is whether I.C. § 19-2520 unconstitutionally removes the discretionary authority of the courts in sentencing. 1

I.C. § 19-2520 (enacted in 1977), the…