State v. Eubank

BURNETT, Judge.

This case presents issues of sentencing procedure and sentencing discretion. The case comes to us on appeal by Thomas Eubank, who stands convicted of two related felonies — first degree burglary of a home and sexual abuse of a child inside the home. Upon these convictions, and upon a determination that Eubank was a persistent violator under I.C. § 19-2514, the district judge imposed a single sentence for a fixed term of life in prison.

Eubank raises two procedural questions: whether the judge erred in considering a psychological evaluation which had not been specifically…