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Sentence stands in lewd conduct case

by KEITH KINNAIRD
News editor | January 19, 2017 12:00 AM

PRIEST RIVER — The Idaho Court of Appeals is affirming the sentence imposed against Priest River man who pleaded guilty to lewd conduct with a minor in Kootenai County.

First District Judge John T. Mitchell ordered Reginald Ivie to serve up to life in prison last year. The first seven years of the term were fixed.

Ivie, 38, admitted having sexual intercourse with a 13-year-old girl on two occasions in 2015, but Kootenai County Prosecutor Barry McHugh said Ivie showed no remorse for his misconduct. The state successfully argued at sentencing that Ivie could not be trusted if placed on probation.

“The danger of this defendant re-offending is high. He failed to accurately acknowledge his conduct and take responsibility for his actions,” McHugh said when Ivie was sentenced in February 2016.

Ivie appealed his prison term, arguing it was excessive. But appeals court judges Sergio Gutierrez, John Melanson and Molly Huskey ruled that Mitchell did not abuse his discretion when imposing the prison term, according to an unpublished opinion released on Wednesday.

“Therefore, Ivie’s judgment of conviction and sentence are affirmed,” appeals judges said in the two-page opinion.

Ivie is suing the state in civil court for post-conviction relief, according to the Idaho Supreme Court Data Repository. A status hearing in the case is scheduled for Feb. 2 in Coeur d’Alene.

Ivie is serving his sentence at the Idaho Maximum Security Institution in Kuna, according to the Idaho Department of Correction’s website. The population at ISMI is primarily comprised of close-custody and administrative segregation offenders.

Ivie’s next parole hearing date is in January 2022, IDOC said.