State v. Wersland, 873 P.2d 144 (Idaho 1994)

Cases | State v. Wersland, 873 P.2d 144 (Idaho 1994) | 2018

The defendant drove while intoxicated and killed the driver of an oncoming car. The defendant pled guilty to vehicular manslaughter and moved to strike impact statements of the victim’s passengers and their parents from the presentence report. The trial court denied the motion. On appeal, the defendant claimed that the statements should not have been included because the victim’s passengers and their parents were not “victims” as defined in Idaho Code § 19-5304(1)(e). The supreme court held that pursuant to I.C.R. 32(b)(1), the information contained in the presentence report conformed with requirements of Idaho law. Section 19-5304 governed restitution rather than presentence investigations.