State v. Lindquist

McFADDEN, Justice.

This case was previously before the Court in State v. Lindquist, 99 Idaho 766, 589 P.2d 101 (1979). The facts and legal questions of that previous appeal are amply recited therein and it is sufficient to say that such was an appeal from the imposition of the death penalty following a conviction of first degree murder. That sentence was set aside and the case remanded for resentencing “to any punishment permitted for the conviction of the lesser included offense of second degree murder.”

On remand, the trial judge imposed a determinate sentence of thirty years under the…