Favreau seeks new sentence

SANDPOINT — A man imprisoned for breaking a cast-iron skillet over his former wife’s head argues he should be re-sentenced due to ineffective defense counsel.

Jeffrey Paul Favreau, who is serving a 10- to 15-year sentence in connection with the brutal assault in 2005, claims he was not fully aware of punishment range he was facing, according to court documents.

Favreau, 41, was accused of bashing the woman in the head on the same day their divorce papers were finalized. He pleaded guilty to aggravated assault with a deadly weapon through an agreement with the state.

After 1st District Judge Steve Verby imposed the sentence, Favreau moved for post-conviction relief. Favreau alleged that he had been assured the court would retain jurisdiction.

The judicial mechanism, also known as a 180-day rider, allows the court to retain jurisdiction over a defendant. After a six-month stint in a state prison, a defendant goes back before the court, where a judge decides if the person should be placed on probation or made to serve out the full sentence.

Favreau’s petition was declined. His civil suit alleges he was not fully apprised of, nor did he fully understand, the concept of the retained jurisdiction and its applicability in his case, court documents said. Favreau further maintains that he was assured by his attorney that he would not be subject to the maximum sentence if he pleaded guilty.

Bonner County Deputy Prosecutor Phil Robinson is moving for summary dismissal of Favreau’s suit, court records indicate. Robinson argues Favreau’s claims are absolutely rebutted by the written plea agreement and the hearing record.

Favreau is imprisoned at the Idaho Correctional Center in Kuna. He is eligible for parole in 2015, according to the Idaho Department of Correction.