State v. Smith

DONALDSON, Justice.

This opinion considers the consolidated appeals of State v. Smith, No. 13674 and State v. Lee, No. 13677 which raised questions concerning the validity of I.C. § 19-2520.

I

State v. Smith. Harold E. Smith pleaded guilty to a two-count information which charged attempted robbery, I.C. § 18-6501, -306, and the possession of a firearm during the commission of the charged attempt. Smith was sentenced as to the attempted robbery, Count I “for the term of not to exceed fifteen (15) years .... As to Count II [possession of the firearm] ... for a term of not to exceed five (5) years,…