Appeals court upholds prison sentences

SANDPOINT — The Idaho Court of Appeals is affirming the prison term imposed against a Bonner County man convicted of felony drug possession.

Nicholas William Shuff was charged in 2012 with possession of methamphetamine and possession of marijuana with intent to distribute, charges which stemmed from separate arrests in Ponderay.

In an agreement with the state, Shuff pleaded guilty to simple possession of meth and possession of pot with intent to distribute, appeals court records state.

District Judge Steve Verby sentenced Shuff to concurrent terms of two to five years, but retained jurisdiction over the defendant.

When jurisdiction is retained, a defendant is imprisoned for up to a year before a decision is made whether to place the person on probation or order them to serve the underlying prison sentence.

Verby relinquished jurisdiction over Shuff and ordered him to serve the full sentence.

Shuff appealed, arguing that his sentences were excessive and that the district court abused its discretion by failing to reduce his sentences when jurisdiction was relinquished. The state countered that Shuff waived his right to appeal his sentence when he entered into the plea agreement.

The appeals court held that a decision to place a defendant on probation or relinquish jurisdiction is a matter within the discretion of the court and will not be overturned on appeal absent an abuse of that discretion. Sentencing is also a matter for the trial court’s discretion.

The appellate court further ruled there was no abuse of discretion in the relinquishment of jurisdiction without modification of the initial sentences.

“Accordingly, the orders relinquishing jurisdiction and requiring execution of Shuff’s initial sentences are affirmed,” the appeals court said in an unpublished opinion released on Thursday.

Shuff, 25, is imprisoned at the Idaho Maximum Security Institution in Kuna, according to the Idaho Department of Correction website. He becomes eligible for parole in April 2014.