Enhanced sentence conviction upheld

COEUR d’ALENE — A Kootenai County judge’s enhanced sentence for a man convicted of using a knife in an assault was upheld this week by the Idaho Court of Appeals.

Justices upheld the sentence meted out by First District Judge Rich Christensen against Russell A. Passons, 58, for a 2013 aggravated assault conviction.

Passons was convicted in Coeur d’Alene for two counts of aggravated assault and one count of burglary. He was sentenced to concurrent terms of five years in prison on the first count of aggravated assault, 20 years with 10 years determinate on the second count of aggravated assault, and 10 years with five years determinate for the burglary conviction.

A motion by Passons filed last year in First District Court to correct what he said was an illegal sentence for the second count, was denied by Christensen.

Passons appealed Christensen’s ruling, arguing he could not be sentenced twice for what he deemed was the same charge, although the second count was based on a sentencing enhancement for using a knife in the crime.

Passons argued the sentence was illegal because he had already been convicted and sentenced for aggravated assault. In addition, Passons argued a knife did not constitute a deadly weapon under the enhancement rule because the law specifically refers to “a firearm.”

But justices ruled sentencing enhancements, which can substantially increase penalties, can be imposed when the crimes are committed using a firearm or any other deadly weapon.

Justices Molly J. Huskey and Sergio A. Gutierrez ruled a person convicted of a violation of aggravated assault who displayed, used, attempted to use, or threatened to use a firearm or other deadly weapon while committing the crime, can be sentenced to an extended term of imprisonment.