State v. Harrington

SCHWARTZMAN, Judge.

The state appeals from the district court’s refusal to sentence Daniel L. Harrington as a persistent violator. The district court determined that the purposes of I.C. § 19-2514 would not be met by enhancing Harrington’s sentence because his two prior felony convictions, relied on by the state in seeking the enhancement, were so closely related that they should be treated as one. We affirm.

I

FACTS AND PROCEDURE

On August 17, 1997, at approximately 3:30 a.m., Harrington, was seen breaking into a truck on the Parker Toyota lot in Coeur d’Alene. After breaking in, Harrington…