Police Detective Tim Brady sits at his desk, surrounded by computer screens.He flips on a monitor and an instant-chat session is on the screen, this one recorded a few years ago. Jimmy Thomas Glass appeals from the judgment and sentence entered after a jury found him guilty of attempted lewd conduct with a minor under sixteen. Accordingly, we hold that the district court did not err in denying Glass's motion for a judgment of acquittal.During their conversation, Glass described for BBG14, in graphic detail, the sexual acts that he would like to perform with her. This evidence is sufficient to allow a jury to infer that Glass intended to commit lewd and lascivious conduct with a child under the age of sixteen. Sentence Lastly, Glass contends that the district court abused its discretion by imposing an excessive period of probation. The defendant bears the burden to show that the sentence is unreasonable in light of the primary objective of protecting society and the related goals of deterrence, rehabilitation and retribution. Brown, 121 Idaho 385, 393, 825 P.2d 482, 490 (1992); State v.At 5 years old, Flores, who then called herself Susie, was diagnosed with gender identity disorder, a psychiatric disorder that the Idaho Department of Corrections defines as dissatisfaction with one's biological sex.The department has recognized GID since 2003, after an earlier lawsuit forced officials to develop a policy.Idaho’s group wasn’t formally organized until 2007. Impersonating a young girl online is just one part of his job.
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Flores was born a woman in a man's body on the Rocky Boy Reservation near Havre, Mont.
She is a member of the Turtle Mountain Band of Chippewa Indians and has spoken Cheyenne, Spanish and English from an early age.
He also asked her about her past sexual experiences and offered to go to her house that day to be her “sex slave.” BBG14 said that he could not go to her house because her mom was there, but she told Glass that she would see whether they could use her friend's house at a later date. During this online chat, Glass asked BBG14 whether she had found a house that the two could use. He argues that the seven-year probation term is improper because its length is not reasonably related to the goal of rehabilitation. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. We will find that the trial court abused its discretion in sentencing only if the defendant, in light of the objectives of sentencing, shows that his sentence was excessive under any reasonable view of the facts. Charboneau, 124 Idaho 497, 499, 861 P.2d 67, 69 (1993); Brown, 121 Idaho at 393, 825 P.2d at 490.
BBG14 said that her friend's house would be available the week of December 18. When a sentence is challenged on appeal, we examine the record, focusing upon the nature of the offense and the character of the offender, to determine if there has been an abuse of the sentencing court's discretion. We have reviewed the record in this case and conclude that the probationary period is not unreasonable. CONCLUSIONThe district court did not err in denying Glass's motion to dismiss the indictment nor his motion for a judgment of acquittal, and Glass has not shown that the period of probation imposed by the district court is excessive.