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Man challenges prison sentence

by Keith KINNAIRD<br
| November 30, 2009 8:00 PM

SANDPOINT — A Sandpoint man convicted for possessing child pornography is challenging the prison sentence that was imposed in his case.

Greg Lamar Roberts argues a five- to seven-year sentence is too excessive for a first-time felon. Roberts’ counsel, Chief Public Defender Isabella Robertson, is seeking a downward modification in his sentence or retained jurisdiction, which would make him a candidate for probation after serving six months.

Bonner County Prosecutor Louis Marshall objects to the defense motion for sentence reconsideration. Marshall contends the sentence is fair and well within the parameters established by Idaho lawmakers.

The maximum prison sentence in Idaho for possession of child pornography is 10 years.

A hearing on the motion was set for Tuesday in 1st District Court, but was postponed because Robertson was unable to attend. A new hearing date is pending.

Roberts, 47, pleaded guilty to possession of sexually exploitive materials after images of minors engaged in sex acts were discovered on personal computer he used to access the Web.

Court documents in Idaho indicate Roberts was charged with lewd and lascivious conduct in Ventura County, Calif., in 1992, although the case was never brought to trial.

A presentence investigator concluded that Roberts posed a “clear and present danger” to children in the community and a psychosexual evaluation diagnosed him as a pedophile.

First District Judge Steve Verby sentenced Roberts in April.

Roberts is imprisoned at the Idaho Correctional Institution in Orofino, a facility which houses protective custody offenders.