State v. Miller, 151 Idaho 828

Miller, arrested Sept. 24, 2007 in Pocatello for burglary, assault with intent to rob, and meth possession; entered a home with infant present, threatened occupants with a shotgun, and was subdued by police after a confrontation.
Initial charges included burglary, kidnapping in the first degree, assault with intent to commit robbery with a firearm enhancement, and possession; State amended information to include a persistent violator enhancement, but no formal amendment was filed.
Miller pled guilty to burglary, assault, possession, and being a persistent violator; other charges dismissed.
Psychological evaluation showed anxiety, depression, and personality/antisocial traits with substance abuse; Miller had a long history of drug use and was on various psychotropic medications.
Sentences imposed: concurrent indeterminate life terms with 28 years fixed for burglary and assault with persistent violator; seven years fixed for possession; no substantial challenge to the legality of the underlying sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court had subject matter jurisdiction without the enhancement in the information	Miller argues lack of jurisdiction due to missing enhancement	State argues enhancement notice sufficed and not jurisdictional	Jurisdiction existed despite lack of explicit information for the enhancement
Whether the sentence was an abuse of discretion given Miller's mental health and mitigating factors	Miller contends sentence excessive due to mental health and mitigation	State contends sentence reasonable given nature and public protection goals	District court did not abuse discretion; sentence affirmed

State v. Rogers, 140 Idaho 223 (2004) (subject matter jurisdiction and information deficiencies reviewed free of deference)
State v. Jones, 140 Idaho 755 (2004) (free review of information sufficiency; notice rules applicability)
State v. Cahoon, 116 Idaho 399 (1989) (convictions to be charged clearly; fair notice standard)
State v. Lovejoy, 60 Idaho 632 (1939) (habitual offender enhancement notice; need for notice of priors)
Hamling v. United States, 418 U.S. 87 (1974) (information must fairly inform the defendant of charges)
State v. Stover, 140 Idaho 927 (2005) (prior convictions proven beyond reasonable doubt for enhancement)
State v. Severson, 147 Idaho 694 (2009) (amendments and notice timing in persistent violator context)