IN THE DISTRICT COURT OF THE FIRS'T JUDICIAL DISTRICT OF THE STATE OF IDAHO IN AND FOR THE COUNTY OF KOOTENAL 19286 "Fille of Case | STATE OF IDAHO Classification: Plaintiff GEN WAL, Misdemeauor 4 vn For Plaintiff Fanny BRUCE A. YARCHANT / / Jury Demanded REGISTER OF ACTIONS CRIMINAL i Hiscalianeous Defendant alse i ta. Magistrates Div. For Defendant District Court Description of Instrument Filed Notice of Assicnment Change alan 08_| e7_| Rute 35 8 Motion for Reconsideration of Sentence fol 2% e7| Witbier hang _ £\23\82\ Gf mi * Coase) 2 if7)\ of ae. RIBL82imotans ker Dananrt 1212) |27Paltonciuas ty matian Dubna st to x0 [3 I8& bnotren and) Orel dor 4 ralvotives LAPP NObe* Lak ¢ dhdbendined te YI Phat, se cdruaedicah be 2|¢ [ee | Cot oeINTHE DISTRICT COURT OF THE a JUDICIAL DISTRICT OF THE STATE nF ninonperistise = c.18-901, 6 “sfowogpoanances GEN ALER, Misdemeanor For Plaintift Plaintiff Felony Sury Demande Dusit Cout For Defendant Probable Causs ‘CopTATI-C. iminal kT a Gosrt tog comment | Coart ten Search Warrant Retum on Search Warrant. Inventory of Setzed Property Order Preserving Seized PropertySpent Abate [bbe Subp, Het Ron —_ivicFen esl arts wastCase No. __ 7 Charge Y é: c sepa no AAD tam rage vo, _/ owe LR Bu : 7 dudge i t send $a com hE luge Akt ¢ basi we uUce WRLC ‘Counsel Party _ Plaintiff Defendant i Foe “For Ss Log Xo. S ker Phase of Case or Other Identification eee e{ fa eee Ne te VEL Cilla 7 C LYnenx) #/ Heiress Yas DIATE ) pjeeg, PESO Aber oi Me oe‘Log No. ‘Speaker Phase of Gase or Other, Identification AL. aT) yi, yf i dat my i 5 pt Ger o> A dds Led:+ Tape wo AGO] case No. Log Page No. = date 22, SE _». Log No. Speaker Phase of Case or Other Jdentification y Ui Mba ye Aid io DOYS = : et lef hak Wag: (pd = br riked. 1 DAs. i eed L /bel bao, Late ne Ree i po ee oi baad el (Ok Apce aalF ue Shige a ined Hy oe Ie LCk Lees "Levi : Wi) Dien VYRyA} 3 + Tape vo a )) Case No. Log Page Noc-y. ‘pate M. Log No. | Speaker] ‘Phase of Case or Other Identification oe be bol uel Lil: tpt : as fess tah erg, (0.6 Le Ze 1) £0 Cee Pm wend Ded] byte, Buller ~ Adore fo Oulu! veck if Li fp Meares Dyay ¢ 1 Datel a [lehich O79) Dah y x AQ) e “fun wide. Capes Pract ag Jor sll oe Or : TILL. Lit fat if Abet aut. _ pagar fe lies Lil LATS fa gt Ga pe LeGLEN E. WALKER Prosecuting Attorney 315 W. Garden, P. 0. Box 1829 Coeur d'Alene, ID 83814 Telephone: (208) 667-2536 IN THE DISTRICT COURT OF THE FIRST JuD{CIAD“DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI STATE OF IDARO, case no. P SEIS Plaintife, vs. COMPLAINT - Criminal BRUCE A, MARCHANT, Defendant. PETER C. ERBLAND, appeared personally before me, and being first duly sworn on oath, complains that the above named defendant Gid commit the crimes of COUNT I, ROBBERY, a Felony, Idaho Code $18-6501, and COUNT II, ASSAULT WITH INTENT TO COMMIT A SERIOUS FELONY UPON A LAW ENFORCEMENT OFFICER, a Felony, Idaho Code Section 18-901, 18-999, and 18-915 as follows: counr 1 That the defendant, BRUCE A. MARCHANT, on or about the 4th day Of December, 1986, in the County of Kootenai, State of Idaho, did by means of force and fear take from the possession of Robert Parks certain personal property, to-wit: United States Currency, the Property of Robert Parks, which was accomplished against the will | of Robert Parks, in that the defendant pointed and fired a shotgun COMPLAINT - Criminal: Page 1in the direction of Robert Parks and then demanded and received money from Robert Parks; cour IT That the defendant, BRUCE A, MARCHANT, on or about the 4th day of December, 1986, in the County of Kootenai, State of Idaho, did unlawfully and with apparent ability attempt to commit a violent injury with a deadly weapon upon Benjamin Wolfinger, Barry Loe, and Jay Komosinski, all of whom are peace officers, with the intent to commit murder, by refusing the orders of the peace officers to surrender himself, pointing a shotgun at those officers and then shooting at those officers, well knowing or having reason to know that they were peace officers, all of which is contrary to the form, force and effect of the statute in such case made and Provided and against the peace and dignity of the State of Idaho. to law. Said complainant therefore prays pee accor; SUBSCRIBED AND SWORN to before me this sth aay of December, 1986.The State further alleges that the defendant, BRUCE A. MARCHANT, on 4th day of December, 1986, in the County of Kootenai, State of Idaho, did carry, display and use a firearm, to-wit: a 12 gauge shotgun, in the crimes alleged in Counts I and II of the complaint in this case, all of which is contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the People of the State of Idaho. Sobseribed and Sworn befove me thi, s*h Day of December (486 KO Bh LACase No. Charge ‘Tape No. Log Page No, —__f pate Jchy (90m. “huchosl 5 Caneel apd et] ee For a For u For ae O04: No. Speaker i . Phase of Cage or Other Identification 4 ’ PY | lavdpce dusasell & Ox}. | ipbites 23 oy Va¥a oT fein se il ~ ce Pe q ny sellsLog No. Speaker | ‘Phase of Case or Other Identification cnidewfr tet - I4OS had oe = 1 wines k ULC. TIP f OQ ee NO nd £21) asd le { nak hindeo ame * lo |, + Tape do. noeeled ‘Case No. _ Log Page No. pace: 25 M. fi ‘Ley No. Speaker ‘Phase of Case gt Other Identification TBO ul! also Spieseatl / dy pe Lee Dera £ Virnd/ Ni “t ae _ 7 ‘ . ae PMV iveerd eric Mane Se Vics J) vith 19%. 0" e. i fitSonr 5: Ato Gy ©, Za) Seal L NV da Dine Ed A 7 § Wee’ fete rill Yu ofl . prs hy Dogronlt stich roo ‘ Sey Peo TF yay cpl Kot Ass. Ben FIDO Lb scirwn rz Oc) -Ybe dhe oF co cd’ ceCase No. cnn Lage re | Charge _ LL). ‘Log Page No. pate LA- L-P shee Meda. oe _ Bond sail ash S Ti foasses. acess ‘Counsel Phase of Case or Other Identification ips = Bel Aw AOD Tine Ny s = nae? tlhe” tad apa: eptced $3) A = lab fle ) E see a A - ade a Gent IF IL BY Dias RFPhase of Case or Other Identification | es here ach Ha Vetecte Gyr ee OL ny BY % Lacey — (Dh col ot Z: hae de Mee Se be - Lage CO a 5A lab dunn ( fetter ver epe J pre» Low F, L bajo. Eafe lle La tite = ye Bil i Ah) Ceti fs Sida yp ohh, Meet ” pow Cettelle — nes Tay TapA pate Y-£-PO6 om. or Other Identification de = Werte » Maes ap + JA BES - Bs A Liye MB Lies Oe | Ave |bhe hho Guvee LoBint - + Tape No. YIAT Case No. Log Page No. Log Ne. Speaker Phase of Ga: wud 4d Baek an Lp Lhe bed |‘Tape No. Case No. Log Page No. Date M. Log No, Speaker _ Phase of Case or Other Identification O21 Bu, Conccase no. FY 9296 curse — LH. Tape No. Jo Log Page No. L pate JAM/9/ 86 M. Judge ui Bail Cash Bond §.Speaker Bhar of Gate or Other Identification a d I Mee 24; ee G00 bes FA Keso ~ date halt: Dealt Wa en! aad?we case no VGA Pe onarge 72501 % Lb-Bs ‘Tape No. Ve ‘Log Page No. Date L727 Me a 8. Bail, Cash praia Zee. 7 feet. A icchat Counsel Party Plaintitt ‘Defendant For For 7 For For Phase of Case or Other Identification CheSpeaker Phase of Case or Other Identification+ Tape No. 2bS. case wo SYPALO Log Page No. _Date_/2 ~a/- Peli. Log No. ‘Speaker Phase of Case or Other Identification. het & ees i £0 — DLEPEE < Lich Leda Ate? 2 7£3Tape Ne Gase No. Log Page No. Date M. ‘Log No. | 7 Speaker ‘Phase of Case or, Other Identification _ x Ey au ss Libre — 4a — Bute, barb & Caxpes, Yosia’ — aA nF - esbeate K, ges hg blast+ Tape No. /7Les Case no. LV GIL (obog Page No._ © Date Lala vibe M. ‘Log No. Speaker Phase of Case or Other Identification V7 Hit) v8 Ook Bo She lath Lye BEBE Axe 7 El ene’ THe 8 at. = ce Life ee en ak Dente Fee ne a 2a brits - (Bae! (BBS ie bad. - pe st cs etl LY 3B Ol FY ce+ Tape No. Case No. Log Page No. Date. M. ‘Log No. Speaker Phase of Case or Other Identification ap fst Lif, Let td — fliehe SS ee fl Lead it bein Ary cere operator“Tape No. /7D5 Case No. /YG2f biog Page No. ~ date wil nu. : a Thesa ot Gare ov Gates eniene $B FAW Wrwe — (pete Cows php [Sfp s | Es Pa | L LL d> bee pene I) = x LLCS F+ Tape No. Case No. Log Page No. Date Log No. Speaker ‘Phase of Case or Other Identification iF F2w) a Wergeaon! _ Zp te gd 3222 Cy LL - 7 Frcthov-_ 2 eo voy. A pd, e . fai £ 4 etl 2282 Bd Ag f TE en ~ baci Eights Gav. fee, 2 Tea br itd Fou) ale iyes“Tape NoW7AS Cese No.FY ZL C Log Page No. Date_{2 =y~ PU nN. Log No. Speaker Phase of Case or Other Identification ] r | ay | ) Me)Lyles tat et Pew! og. Tape No. 4/2 Case No.“ PIF biog Page vo._L Date 2 Vth _m. Log No. Speaker Phase of Case or Other Identification NZ Le Ce ch [S4 VY LL Nery A Bardlivte gh dot £ Lj aasate! 22 6 puttigke 476g wtehoin Let LAA tt EA g 4 ate bo+ Tape No. Case No. Log Page No. Date M. Tog No. ~ Speaker, Phase of Case or Other Identification é SP fed te ep a A — ae fis lp lt hae« Tape No LAL Case Nof/BG2L Log Page No. Z Date/2-2 + FG M. Log No. Speaker Phase of Case or Other Identification Th — d Divo! ENE A ek I As peace giant Cb tee ra Bisa At - en _ Dw 64 ~~A D Asus (OB ye) 000 fade jptpert beg ie DELS | — —— | Bi Ming ta | a £ \ dee lathe te ly vite ea Nae (ser A pacha? = Lebboveses fe: ck a a : ek+ Tape No. Case No. Log Page No. Date M. Log No. [Speaker ____, Phase of Case oF Other Identification cone (j-btrinf t phd ofr4 purge D623\ Asus gbrved Cpt ~ we re sf [iudezetL ~ ge. Mie O73 ¢ QakeL phen lit_: @ @ + Tape No. Yale Case xo G42 Lb Log Page No.__f* pate {2 awl M. Log Ne Speaker Phase of Case or Other Identification a — = D£EY ASL bjfa = habe Ab white+ Tape No. Case No. Log Page No. Date M. “Log No. Speaker Phase of Case or Other aes ntification so) 4b? Zit = ee fb a’ Bow | 6 ud aD ae tof + ALL rn, Mhinbg) — Mea drihe Pern fMeh 59% Lo fdr 978 | “Gi Hoan de Atel Ain, B hincige | AC “EA ea ee i+ Tape No. Y 7b, case oY GIPC Log Page No. PD dere KIwId’'o_m. ‘Log No. ‘Speaker L Phase of Case or Other Identification Left {Yeh pod Z Abu Ved Crepe Sar x 2H ~ : (om CB icc _ (P— C L528 |#b ul) | ben CL Ga Le Wee AcE ee = LL ets te) Le = ition > Glow. be Cbd Ce P sada 7 heel) a 4A oe a V4. fe Cette ijt 8b baely bn Seu Lindlvccty Ghia 3 Cha )- git Agha!” LAS9 41 Chimiuglni 6s/| “Ca VE Lex © lim Bik ligt Pete 1 LUO pypbrat 7)+ Tape No. Case No. Log Page No. Date _M. Phase cf Case or Other Identification “Log Ne. peaks se ou ae ] rAd. but we Roa baalee Tal pic: Bs | TET Le Fe fae Ms2| Ye ete 4b buFt_@Q Cav heard Lilet, | tg Ot ld the Whur Sie Beek) typ B ftte, _ YM Bicatts ab. he, Bibi? Celi” L9CE \ bw) cw. — 9 |e x _azzcen) (2lbd OO bide Chats” tiene Aha About fo:as fom B fee [rot pf tb ste ee Leuk) 12 Cow, Mb. es ~ freee Aka | Hous —Diints Bh et _ at A DT - Beta sia Kary plata F heaeehiyee ~ prt Bie. Dabthcke w + Tape No. 4/ Whcase No. figa horn Page No. /) Dates) -? ¢#LO_M. Log No. Speaker Phase of Case oy Other Identification _ Let, ax Fea vy bg = , 22/3 4bou' SF gne ELL pt> — ~ lie Cnt Cet Learhhya | tadin Habs et Cruel <2 boyy VyOcinsade sos Ofr4~ crit bine 223ip | Aba! j= g Se Lplletceh = ee ALot _— Wie V2 Cra) jn Chay — Ls LL fang @ Meth hak when —thhapon.- Col foul dior SZ ——+ Tape No. Case No. Log Page No. Date M. og No. Speak 2 733. SZ er ve eof Case or Other Identification 252 . p z hud tegee Voy eH “0 ‘Ge | “tT a CLL bu tegh/ EAS Brat) — 2 vee, Apyelineten, ~feanke Gyic or fe (Wrpe- ‘Cao | Bo Pipe Aedes Gord. = rca tibt/+ Tape No. . Plaintiff, ) Merle 2 ve. j For Plaintiff ’ oe i ) fierctia._L, Brut 4 ) = s Defendant. ) For Defendant ‘SUBJECT OF PROCEBDING: Te od BE IT KNOWN that the following proceedings were had, to-vit: 140? /Yatk, Grote ate : LEG Ghee BATES Athacla Oboe p plcad. B pont he AE Aen PEE erty Veta, AS. Lange ote | 2 gs, hala tb tod am POO A, She,cc . wer o- @ | COURT MINUTES continued Aina chk CP CAGE | ape/ of - Peace iGIN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF. Ae, COURT MINUTES / Tt Mara / Term 19__ Disirtat Judge Poosiding BO hack! STi Of hE Taho ‘Reporter — ace ee EL IF C07” sesptucpeatas pare ues tne pocker 10. Mahe ee J 2 Plaintiff, lee) ve. 4 Har Plainttty? flieyelet, lA ARS i ) Defendant. ) For Defendant SUBJECT OF PROCEEDING: fbx Cfo. en BE IT KNOW that the following proceedings 6G far, Beatin Mite Etta Tit Oe. ¥. oD oman EP OK. 8a Cifee tpn LEG LlaneLe, ft wv @ IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF M“e-Cpeae- COURT MINUTES DY Mantas L Tem 19, Tistrict Judge presiding Mk. Reporter 308 G pl? 2787 fot = SELO d 3 Plaintiff, d ve. ) For FlatwATT 7 d fiarrhe.L flrwect, ) ra vy Defendant. ) Yor vejendant supsect oF ProcenoINe: ZXOm Cha BE IT KNOW that the following proceedings Gere had, to-wit: OP OLED ¢ Cttenrcely- A Di areeta. Bak (pred plow. A etapa aint 2h, Reteete “Sokol, Ce kiried oes lM erieure), CL Clrema Zire AEE an A pale Peal O%, Bn on tu @, ar maioes Faghy Mel e ea odlyeeta) A > ek SE eh hak ieee pane fantigg Mie toe Cae rea fe Ae. RESTS: EF DA - OO SEA foe Bae, Stel) fof 2 Pages -t ‘ Fo hingcouRT MINUTES F.SREO ig A hoo CEEZ 2a eet epeed fh - 228 -. O AEE paythiatie oma ! Ke Aecoliptyl PSL, LAT Sgt? Oe eee ow BTR EAD PB LO 2a PA - 2b COP Bitar.) Cer lb eS é atccl. Har pehtaes OC cate A ae fee bbs Ale nb. Cercle, y LE hi plas dif thn ti ancl Rte Coe Dae OF ~ Pere Berka, ~ oe ed Pra LC GY Comecere. Ba eee Oo Mlercce Nima cick Z ae Cn Cen al O70 Crh hi LC): ee @ a\ IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF A@a-Cecere 7 COURT MINUTES wh learey Jy Ll mete Tem 19, Distriot dudegfrrestding Ep ge 9 bach? _@ OFS Idaho Reporter 0,087 Zao fae State ne vocuer 10. KPCSES— YALIO ) appeananoess Plaintiff, ) oe. ; For Plaintiff aretian te Ore i Sete. Defendant. a For Defendant SUBIEOT OP PROCERDING: \S2,-Carvcer BE If KNOWN that the following proceedtAgs were nad, to-wit: 1527 C2bleh. Cte ech & et etlen | A Ga/) Te : | paw Biel, AZGro her oF -'@ptatmtes, 0 RIO Piarcater. Seccé. G | Dates 2 wt 0,087 ne EES | 2 gale aa tha. (AO CbCK, Cee LES Ch othe : | ie Chrewsmtnt Chek Hace, p= Lehi be: etectnint uf feclerval) aint eo he A ht ine aera 2, lin, OF OMA GS td og orale OFE/GLEN B. WALKER Prosecuting Attorney 318 W. Garden, P. 0. Rox 1829 Coeur d'Alene, ID 83614 Telephone: (208) 667-2536 IN THE DISTRICT COURT OP THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THR COUNTY O? KOOTENAI STATE OF IDAHO, ) Plaintiff, } case No. Fag28s vs. ; BRUCE A. MARCHANT, } aupeKenT aro SENTENCE Defendant. The above entitled matter came on for heating before the Honorabie GARY M. RAMAN, District Judge, on June 10, 1987, the State was represented by ROBERT 8. BURTON, Deputy Prosecuting Attorney for Kootenai County, Idaho; the defendant was personally present in Court and was represented by counsel, ANTHONY M. SANCHEZ. WHEREUPON, the presentence report previously ozdered having been filed herein, and the Court having ascertained that the defendant had had an opportunity to read said presentence report, and the defendant having been given the opportunity to explain, correct or deny parts thereof, and correctione having been made, and the defendant having made a statement, and recommendations being made by counsel for the State and for the defendant, and there being no reason given why judgment and sentence should not JUDGMENT & SENTENCE: Page 1 ithen be pronounced, the Court did then pronounce its judgment and sentence as follows: IT IS HEREBY ORDERED AND IT IS THE JUDGHENT OF THIS COURT that you, BRUCE A, MARCHANT, havine ple# GUILTY to he criminal charaes stated in the Information cn £ r ollows: as GUILTY to the crimes of COO. + ROBBERY, a Felony, Idzhe Code §18-6501, and COUNT II, Ass NITY INTENT TO COMMIT A SERIOUS FELONY UPON A LAW ENFORCEMENT Ct FICFR, a Felony, Idaho Code §18-901, 18-999, and 28-915, committed on December 4, 1936, as chacaed in the said ‘nformacion; THAT YOU ARF GUILTY OF THR SAID CRIMES AS SC CHARGED, and now, therefore, IT IS HEREBY ORDERED, APJUDGED AND DFCRRED that you be and you hereby are, sentenced to the o dy of the Idaho State Penitentiary, Roise, Ada County, Idaho, for an indeterminate period not to exceed twenty (20) years for both counts. These sentences are to run concurrently. TT IS FURTHER ORDERED that you shall be given credit for time served, FURTHER, it is recommended that this sentence run concurrently with the federal sentence. YOU ARE HEREBY remanded to the custody of the Kootenai County Sheriff's Otfice for transportation to the Idaho state Penitentiary, Boise, Ada Count, Ich. e ENTERED this /@ day of June, 1987. JUDGMENT & SENTENCE: Page 2IN THE DISTRICT COURT OP THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF kth 2 Term 29, Idaho Raporter g Tine SCHME ) 2 , ) v0. ; Bene tea. Le weet MP 3 Sonat Defondans. ) Saas - C = eA 2 Ppp tibarwn Rakes 35 ~ BE IT KIOKN thet the fol. preceedings were had, to-wit: Ye Cosco, Qseson k= OA, PA A-untuated- OA PrSiacgabiot ie em wi) drew mtn do Cont ~ sh fo contach * S88, Cod, Cretan A + Here QA wooly - DB Sak Stook cowl = 8 og) Sete eae Lee bogs 13-arRY =. ° aia:IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF LKitleraT’ COURT MINUTES / 5 Lenn ecrg po there cer Term 19 District Judge Gea ing 2SeO Cb dusk *6 SR ELL ‘ati tahirtae ; LEC ie ee For Plaintiff CS SereceZ ve. [awh £, BiucwOo@ Defendont. For Defendani Sueisc> o® Peocsbounn Pie Fee ee. 55 BE IT KNOW that the following prodbedings were had, to-wit: O53/ batlid LL OApud, & et Een Caner Big MB -- Me Ct bivtoe BRD VE cm eK, CCem te COL rh. gd. F <9 Pew 4 CL Ohba ty ee 6X BOA bE apy o6p OO Page__/ofl PagesIN THE DISTRICT COURT OF THE FIRST JUDICIA STATE OF IDAHO, IN AND FOR Ti COURT MINUTE hha poten / Z2K | Ko S agioke Pe ie Ye BET E ez Deven tnee PE owen oA a De - CL. Att One 6 on 67 OA ted etot! figieclhe idle of ail bes} a a en Lett be 0 ae OL tbpran ity, LD OO tpraenw Pe OL. An etly ce eed? Caat, Co bite tera 097 APPROVED: Page_f of | PagesORIGINAL OFFICE OF THE KOOTENAI COUNTY ba PUBLIC DEFENDER i ‘as Tt 3g P.O. BOX 218 oe Post Falls, Idaho 83854 pnt 208/773-3561 oe IN THE DISTRICT COURT OF THE FIRST JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF KOOTENAI STATE OF IDAHO, Plaintiff, CASE NUMBER F-49286 vy. BRUCE MARCHANT : Defendant. TO: THE CLERK OF THE ABUYE ENTITLED COURT, AND THE RESPONDENT, STATE OF IDAHO: NOTICE OF APPEAL 1. The above named appellant hereby appeals against the above named respondent, to the Idaho Supreme Court from the Order Denying Defendant's Motion for Reconsideration entered in this matter February 1, 1988, by the Honorable Gary Haman. 2. That the party has a right to appeal to the Idaho Supreme Court, and the Order described above in paragraph one is appealable pursuant to Rule 11 (c)(1) I.A.R. 3. The appellant requests the preparation of the entire reporter's standard transcript, pursuant to Rule 25 1.A.R., and to also include the following pursuant to Rule 25(b) I.A.R.: A. Transcript of hearing held February 1, 1988, at 4:00 p.m. before the Honorable Gary Haman. NOTICE OF APPEALB. Transcript of sentencing hearing held June 10, 1987, before the Honorable Gary Haman. 4. The appellant requests the preparation of the clerk's standard record pursuant to Rule 28(2) 1.A.R. 5. I hereby certify as follows: A. A copy of this notice of appeal has been served upon the court reporter. B. The appellant is exempt from paying the estimated transcript fee because the appellant is an indigent and represented by the Office of the Public Defender. C, The appellant is exempt from paying the filing fee because the appellant is an indigent and represented by the Office of the Public Defender. 0. The appellant is exempt from paying the fee for the preparation of the record because the apnellant is indigent and represented by the Office of the Public Defender. E. Service has been made pursuant to Rule 20 I.A.R. and the Attorney General pursuant to Section 67-1401(1) Idaho Code. OATED this 14th day of March, 1988. OFFICE OF THE KOOTENAI COUNTY 2 eps ‘CHARLES B+ LEMPESTS KOOTENAT COUNTY. PUBLI LC DEFENDER OF APPEALIN Til COURT OF APPEALS OF THE STATE OF IDAHO p uaa No. 17410 STNTE OF IDAKO, Plaintif£-Respondent, 1989 Opinion No. CA-3 ve Filed: January 4, 1989 BRUCE MARCHANT, Frederick C. Lyon, Clerk Defendant-Appellant. Appeal from the District Court of the First Judicial bistrict of the State of Idaho, Kootenai County. Honorable Gary M. Haman, District Judge. Order denying motion for reduction of concurrent, indeterminate twenty-year sentences, affirmed. Charles B. Lempesis of Post Falls for appel- lant. Jim Jones, Attorney General; Peter C. Erbland, Deputy Attorney General; for respon— dent. SWANSTRON, J, Bruce Marchant appeals from a district court order denying his T.C.R. 35 motion for reduction of sentences. Marchant pled guilty to one count of robbery, I.C. $ 18-6591, and one count of assault with intent to commit a serious felony upon a law enforcement officer, I.C. §§ 18-901, -909, and -915. He was sentenced to two concurrent, indeterminate twenty-year terms. After serving approximately four months of his sentences Marchant sought unsuccessfully to have the sentences reduced. The sole issue on appeal is whether the district court abused its discre- tion in denying Marchant's motion, We affirm.When a Rule 35 motion seeks o reduction of sentence, it is entinlly a request for leniency, State v. Arambula, 97 I@aho G27, 650 P.2d 130 (1976). The motion is addressed to the sound seretion of the district court. State v. Roach, 112 Idaho 173, 730 P.2d 1093 (Ct. App. 1986). Onr task on appeal is to determine whether the facts presented in conjunction with the motion, when viewed in the context of information already in the record, show that discretion wus abused in failing to grant the leniency requested. State v. Stanfield, 112 rdaho 601, 733 P.2¢ 822 (Ct. App. 197). In making this determination, we apply the same criteria used for reviewing the reasonableness of the original sentence. As enunciated in State v. Toohill, 103 Idaho 565, 650 P.2d 707 (ct. App. 1982), this requires consideration of the nature of the offense and the character of the offender in light of the primary sentencing goals: protection of society, Geiersence, rehabilitation and retribution, In his case the sentences imposed by tie district court were within the statutory limits. See I.c, §§ 18-6501 and 18-915, We note that Marchant was sentenced prior to the adoption of the Unified Sentencing Act. 1.c, § 19-2513. For purpose of appellate review on the of confinement on an indeterminate sentence to be one-third of the facial length of the sentence, State v. Toohill, supra. tion, we regard the duration Thereftre, for our review of Marchant's concurrent twenty-year sentences, we deem the period of confinement to be six years, eight months, Marchant was involved in two related violent incidents. The first, a robbery, occurred when Marchant and another individual fhecatened the robbery victim with shotgun blasts directed over his head. The record is not conclusive but does suggest that it was the other individual with Marchant who discharged the jofgun. The second incident arose as result of Marchant's attempt to elude police after the robbery was reported. Narchant, trapped by police in a cul-de-sac, brandished the shotgun and fired in the direction of the police. Repeatedrequests to surrender went unheeded and Marchant, after threatening the police avin with the weapon, was shot and wounded. Phe presentence report indicates that Marchant had committed severai previous cffcnses, including arson and an armed robbery for which he was still on parole, The report presented psycho- logical evaluations which established that much of Marchant's behavior resulted from debilitating psychological disorders. Marchant had been prescribed medication which, if taken regularly, alleviated thes rs. However, at the time of the events pertinent here, Marchsnt had stopped using the disord: medication and had ro. erted ins hol use as means wad to heavy al of controlling his havior. The presentence investigator concluded that Marchant would not be a proper candidate for pro- bation due to the seriousness of his disorders and the violent nature of the offennws which he committed. The investigator Placed emphasis on Marchant's apparent inability to complete prior parole terms successfully or to assist in controlling his disorders and behavior. At the hearing on the Rule 35 motion Marchant presented re- ports and certificates which e¢ ablished that while imprisoned he had completsl a substance abuse program, received positive work evaluations, enrolled in academic programs and regularly received psychological counseling. After heariny argument from Marchant, the judge prietly reviewed the circumstances of the sentence, reiterating the seriousness of Marchant's crimes, his past record and unstabie personality. The judge concluded that Marchant would most likely pertorm well in an institutionalized setting and that incarceration was the best, means to satisfy the important concern of protecting society. The judge noted that Marchant was still not recognizing the need for a medication regimen to control his behavior. We believe the judge's concerns are well-supported by the record. Moreover, while post-incarceration behavior is a factorto be considered in reducing a sentence, it is not necessarily determinative. State v. Clayton, 112 Idato 1110, 739 P.2d 409 (Ct. App. 1987). ‘Phe information presented by Marchent at the Rule 35 hearing did little to lessen the court's concern over the dangers that Marchant posed when ut liberty. The sentences, being indeterminate and concurrent, adequately balance the goals of societal protection and individual rehabilitation, We conclude that the judge did not abuse his discretion in denying Narchant's Rule 35 motion. The order of the district court is affirmed. WALTERS, C.J., und BURNETT, 3., concur. ag tha, snared Ie te above ene cause anf now a ‘Sartin my ote “VENESS my hd od the Sol ets Coun GPF FREDERICK C.LYON a1,Defendant~Appellant. STATE OF IDAKO, ) th Bittle ) Wo. 17410 Plaintiff-Respondent, } ) REMEPTTUR ) eM ) BRUCE MARCHANT, } ) ) TO: FIRST JUDICIAL DISTRICT COURT, COUNTY OF KOOTENAT. zi The Court having announced its Opinion in this cause January 4, 1989, which has now become final; therefore, IT IS HEREBY ORDERED that the District court shall forthwith comply with the directive of the Opinion, if any action is required. DATED this 26th day of January, 89. Of the Court STATE OF Ibi \ppeals