State v. Alvarado

SCHWARTZMAN, Judge,

ALSO SPECIALLY CONCURRING.

‘The time has come, the Legislature said, To give its own retort; Of p.s.i.’s and rider reviews, Of due process and the court.’3

While I agree in the result of the per curiam opinion, I write separately to give voice to the concern that Alvarado’s claim raises a legitimate issue regarding the court’s failure to hold a hearing before relinquishing jurisdiction. Prior to the 1995 legislative amendment noted herein, Idaho appellate courts long adhered to the proposition that a district court need not provide a defendant with a hearing before…