Judges free to enhance sentences

BOISE – Judges are free to add on as many sentencing enhancements as are appropriate for someone convicted of just one crime, the Idaho Supreme Court has ruled.

The ruling, handed down Friday, came in an appeal filed by Shawn Kerrigan, who was sentenced to 45 years in prison for shooting an Idaho State Police officer during a traffic stop.

The shooting happened during the summer of 1991, when Kerrigan was speeding in southeastern Idaho in a car stolen from his girlfriend in Wisconsin, police said. ISP Officer Steven Hobbs pulled Kerrigan over, but once Hobbs approached Kerrigan’s window, Kerrigan fired at him four times, with three bullets hitting the officer. Kerrigan sped away and was caught the next day; the shooting left Hobbs “severely and permanently injured,” according to court documents.

Sixth District Judge Don Harding sentenced Kerrigan to 15 years for aggravated battery, plus a 15-year enhancement because the battery was on a law enforcement officer, plus another 15-year enhancement because Kerrigan used a firearm during the commission of a crime.

Kerrigan appealed, claiming Idaho law does not allow more than one sentencing enhancement for a single crime.