August 10, 2004
On Aug. 10, District Judge James Michaud denied Sandpoint defense attorney Ken Stone’s motion to reduce Dennis Nichols one year sentence imposed on Feb. 3 by District Judge Steven Verby. Nichols, who pled guilty to felony injury to a child, was originally sentenced to a three to eight year prison term. Verby suspended that sentence and placed Nichols in the Boundary County Jail for one year.
Boundary County Prosecutor Jack Douglas had opposed the Rule 35 Motion to reduce or change Nichols sentence. “These motions are filed when a defendant doesn’t like the original sentence, but most fail because they usually re-hash the same arguments the defense made at the original sentencing.”
Douglas believes Verby reduced the original three to eight year sentence because of some very serious medical issues Nichols addressed in open court during the original sentencing.
Several witnesses testified on Nichols behalf during this hearing, but Douglas argued that it was almost all the same information Verby heard during the original sentencing. “There are no real changes in Nichols circumstances to justify reducing the sentence.”
Michaud reminded Nichols that he had argued for local jail time during the original sentencing and said, “I find no good reason to amend this sentence.”