(DOWNLOAD) "State Idaho v. Terry Metzgar" by Court of Appeals of Idaho No. 15794 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Terry Metzgar
- Author : Court of Appeals of Idaho No. 15794
- Release Date : January 27, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Terry Metzgar was convicted of aggravated assault by a jury and was sentenced to the custody of the Board of Correction for an indeterminate term of five years. Metzgar's sentence was enhanced by a five-year consecutive term because he had used a firearm in the assault. On appeal, Metzgar raises two issues. First, he asserts that the state failed to prove that an operable firearm as defined in I.C. § 19-2520 was used in the assault. Second, he contends that since the aggravated assault involved a firearm, the enhancement of his sentence for using a firearm violated his constitutional right against double jeopardy. We affirm the judgment of conviction. The record indicates that the victim and her roommate were walking in Boise when the driver of a car pulled over and offered them a ride. The victim and her roommate accepted and, as they got into the back seat of the car, noticed that the female passenger in the front seat was not fully clothed. After going a short distance, the driver let the female passenger in the front seat out of the car. The driver then pointed a pistol at the victim and her roommate and ordered them to undress. The driver touched the victim's chest. The victim and her roommate were then allowed to dress and were dropped off near a bar in Boise. Although her roommate disappeared, the victim contacted the police. Metzgar was later arrested and subsequently identified by the victim as the driver of the car. Because the gun allegedly used was never found, it was not admitted into evidence at trial. A jury found Metzgar guilty of aggravated assault and of using a firearm in the commission of the assault. The Judge sentenced Metzgar to an indeterminate term of five years for the aggravated assault and to a consecutive five-year term for using a firearm.
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