Idaho v. GarciaAnnotate this Case
Jesus Manuel Garcia was found guilty by jury of second-degree murder, aggravated battery, use of a deadly weapon during the commission of the former crimes, and possession of a controlled substance. The district court sentenced Garcia to an indeterminate life sentence with twenty-five years fixed for second degree murder, which included a sentencing enhancement for the use of a deadly weapon. The district court also sentenced Garcia to twenty years, with six years fixed, for aggravated battery; this also included a sentencing enhancement for the use of a deadly weapon. The district court further sentenced Garcia to three years fixed for the possession of a controlled substance conviction. All three sentences were ordered to run concurrently. In addition, the district court ordered restitution to the victims in the amount of $162,285.27. Garcia timely appealed, arguing: (1) the district court abused its discretion in allowing the State to present “in-life” photos of the victim and to elicit testimony about the victim’s personality and character during trial; (2) the prosecutor committed misconduct when she referred to this challenged evidence in her closing statement; (3) Garcia was deprived of due process because of the cumulative errors; (4) the district court abused its discretion in imposing a sentence that did not give proper weight and consideration to mitigating factors; and (5) the district court abused its discretion in ordering Garcia to pay restitution without adequately considering his current and future ability to pay restitution. Finding only that the district court abused its discretion in ordering restitution without proper consideration of Garcia's ability to repay the amount in the future, the Idaho Supreme Court affirmed conviction, vacated the restitution order, and remanded for reconsideration of Garcia's foreseeable ability to pay restitution.