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State v. Klamm

COURT OF APPEALS OF THE STATE OF IDAHO
Aug 28, 2017
Docket No. 44694 (Idaho Ct. App. Aug. 28, 2017)

Opinion

Docket No. 44694 2017 Unpublished Opinion No. 557

08-28-2017

STATE OF IDAHO, Plaintiff-Respondent, v. AMANDA RUTH KLAMM, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia County. Hon. Michael R. Crabtree, District Judge. Judgment of conviction and unified sentence of four years, with a minimum period of confinement of two years, for possession of a controlled substance, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GRATTON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Amanda Ruth Klamm pled guilty to possession of a controlled substance. Idaho Code § 37-2732(c)(1). The district court imposed the sentence agreed upon by the parties: a unified sentence of four years with two years determinate. The district court then suspended the sentence and placed Klamm on supervised probation for thirty months. Klamm appeals asserting that the district court abused its discretion by imposing an excessive sentence.

The doctrine of invited error applies to estop a party from asserting an error when his or her own conduct induces the commission of the error. State v. Atkinson, 124 Idaho 816, 819, 864 P.2d 654, 657 (Ct. App. 1993). One may not complain of errors one has consented to or acquiesced in. State v. Caudill, 109 Idaho 222, 226, 706 P.2d 456, 460 (1985); State v. Lee, 131 Idaho 600, 605, 961 P.2d 1203, 1208 (Ct. App. 1998). In short, invited errors are not reversible. State v. Gittins, 129 Idaho 54, 58, 921 P.2d 754, 758 (Ct. App. 1996). This doctrine applies to sentencing decisions as well as rulings made during trial. State v. Griffith, 110 Idaho 613, 614, 716 P.2d 1385, 1386 (Ct. App. 1986).

Therefore, Klamm's judgment of conviction and sentence are affirmed.


Summaries of

State v. Klamm

COURT OF APPEALS OF THE STATE OF IDAHO
Aug 28, 2017
Docket No. 44694 (Idaho Ct. App. Aug. 28, 2017)
Case details for

State v. Klamm

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. AMANDA RUTH KLAMM…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Aug 28, 2017

Citations

Docket No. 44694 (Idaho Ct. App. Aug. 28, 2017)