State v. Merrifield

WALTERS, Chief Judge.

This appeal presents the question of whether a defendant may be sentenced to an indeterminate life sentence enhanced by a consecutive fixed period for the use of a firearm. We hold such a sentence is contrary to law and we remand for resentencing.

John Douglas Merrifield was found guilty by a jury of first-degree murder in the shooting death of a hotel manager. The trial judge initially sentenced Merrifield to a fixed twenty-five year term for the murder. Because a sentence for homicide committed while using a firearm must be enhanced, pursuant to I.C. § 19-2520, the judge…