An Appellate Court Will Not Change a Plea Contract

0
742
An Appellate Court Will Not Change a Plea Contract

INVITED ERROR MAKES SENTENCE REMAIN UNCHANGED
Post 4865

Read the full article at https://lnkd.in/gJj9f2wX, see the full video at https://lnkd.in/gE2GD2uw and at https://lnkd.in/gudz4RzA and https://zalma.com/blog plus more than 4850 posts.

Travis Darrell Gentry pled guilty to insurance fraud by presenting to insurer or person false or altered statement material to insurance, Idaho Code § 41-293(1)(c). Pursuant to a plea agreement, in exchange for his guilty plea, additional charges were dismissed. In State Of Idaho v. Travis Darrell Gentry, No. 51304, Court of Appeals of Idaho (August 21, 2024) the issue was resolved.As part of the plea agreement, both parties recommended a sentence of three years, with a minimum period of incarceration of one year, and three years of probation. The district court followed the recommendation and imposed a unified sentence of three years, with a minimum period of incarceration of one year, suspended the sentence, and placed Gentry on a term of probation for three years.

Mindful that he received the sentence that he requested, Gentry appealed contending that his sentence is excessive.

ANALYSIS

Although Gentry received the sentence he asked for, he asserts 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. One may not complain of errors one has consented to or acquiesced in. This doctrine applies to sentencing decisions as well as rulings made during trial.

Therefore, because Gentry received the sentence he requested, he may not complain that the district court abused its discretion in sentencing. Accordingly, the judgment of conviction and sentence are affirmed.

ZALMA OPINION

Insurance criminals are narcissists. They think they can convince anyone of anything. Mr. Gentry was wrong. He agreed to a sentence in exchange for the state dropping some of the charges, he had nothing to complain about but did so anyway. The court made him stand by his agreement even if it was more than was appropriate it was the deal he made and he was required to serve the time. It takes a great deal of gall to try to set aside an agreement made between Gentry, his lawyer, the prosecutor and the trial judge. He will serve the time.

(c) 2024 Barry Zalma & ClaimSchool, Inc.

Please tell your friends and colleagues about this blog and the videos and let them subscribe to the blog and the videos.

Subscribe to my substack at https://lnkd.in/gmmzUVBy

Go to X @bzalma; Go to Newsbreak.com https://lnkd.in/g8azKc34; Go to Barry Zalma videos at Rumble.com at https://lnkd.in/gRthzSnT; Go to Barry Zalma on YouTube- https://lnkd.in/g2hGv88

Go to the Insurance Claims Library – https://lnkd.in/gwEYk

إعلان مُمول

We are 100% funded for October.

Thanks to everyone who helped out. 🥰

Xephula monthly operating expenses for 2024 - Server: $143/month - Backup Software: $6/month - Object Storage: $6/month - SMTP Service: $10/month - Stripe Processing Fees: ~$10/month - Total: $175/month

Xephula Funding Meter

Please Donate Here

البحث
الأقسام
إقرأ المزيد
أخرى
Fraud Doesn't Pay but Keeps Trying
Fraud Doesn't Pay but Keeps Trying Fraud Perpetrators Fail in Attempt to Get Around...
بواسطة Barry Zalma 2024-08-06 13:20:28 0 759
أخرى
Insurance Expert Available to Lecture Your Claims Personnel
Insurance Expert Available to Lecture Your Claims PersonnelRead the full article at...
بواسطة Barry Zalma 2022-12-24 16:33:42 0 3كيلو بايت
أخرى
A Video Explaining the Marine Rule and the Rescission of Insurance
The Marine Rule Read the full article at...
بواسطة Barry Zalma 2021-04-23 13:09:10 0 4كيلو بايت
أخرى
Why the Insured Should Read the Policy
The Insured is Obligated to Read the Insurance Policy Read the full article at...
بواسطة Barry Zalma 2022-12-27 13:47:21 0 4كيلو بايت