Idaho v. BarrAnnotate this Case
Britain Lee Barr pleaded guilty to five counts of sexual exploitation of a child and to being a repeat sex offender. The district court sentenced Barr to five, fifteen-year fixed sentences, to run consecutively to each other, for an aggregate determinate term of seventy-five years, reasoning that section 19-2520G left it no discretion to sentence Barr to anything less severe. On appeal Barr argued the district court abused its discretion when it failed to perceive that it had discretion to: (1) designate indeterminate and determinate portions of the mandatory fifteen-year sentences; and (2) run the sentences concurrently with one another rather than consecutively. Barr also claimed that if the legislature intended section 19-2520G to deprive the court of its traditional power to decide whether to run sentences consecutively or concurrently, the statute is unconstitutional. The Idaho Supreme Court determined Barr’s arguments were not properly preserved for appeal. Therefore, the Court affirmed his conviction and sentence.