Robert LaPlante appeals to state Supreme Court

Robert J. LaPlante filed an appeal to the Idaho Supreme Court after being sentenced to 25-50 years in prison last week.

The appeal was filed through his attorney, public defender Brennan Wright, on Wednesday. LaPlante was convicted of attempted murder after attacking Loyal O. Dickson Jr. on July 14 in North Lewiston.

The appeal is against the judgment of conviction filed after LaPlante, of Clarkston, was sentenced May 15.

It asks to appeal the decision of Second District Judge Mark Monson denying pretrial motions March 5, including the motion to suppress evidence, change of venue and authorizing an interview with the victim, according to court documents.

Wright filed several motions before the trial, including one to dismiss evidence and statements from LaPlante when he was detained in Clarkston, a change of venue and to be able to interview Dickson.

At the time, Monson denied the motions, saying there wasn’t evidence that a jury pool was biased against LaPlante, and the victim’s rights statute doesn’t require the victim to speak with the defense.

Regarding the suppression of evidence, Monson wrote that LaPlante being detained in Clarkston didn’t violate the Fourth Amendment because there was probable cause for LaPlante to be detained, and later his vehicle to be searched, and he was given a Miranda warning, according to court documents.

The appeal by Wright questions if there was sufficient evidence to convict LaPlante, according to the document.

LaPlante was found guilty by a 12-member jury after a four-day trial in March.

The Nez Perce County Prosecutor’s Office led by Nez Perce County Chief Deputy Prosecutor April Smith and Deputy Prosecutor Jazz Patzer provided evidence from testimony of those who arrived on scene, video surveillance of the area and testimony from LaPlante’s co-defendant, Timothy W. Allen, who testified against LaPlante and corroborated evidence provided by the state.

During the trial, Wright questioned the credibility of Allen, who will receive a reduced prison sentence for his testimony, and argued there wasn’t evidence that placed LaPlante at the scene.

The appeal also asks the Idaho Supreme Court to decide on whether the court abused its discretion in the sentencing, according to the document.

LaPlante was given a sentence on the persistent violator enhancement because he had previously been convicted of two other felonies, which increases the maximum penalty to life in prison.

The appeal asks that the presentence investigation report, the court reporter’s transcript and the clerk’s record be made available as well as all exhibits and documents, according to court documents.

Once the documents are made available and the parties have had time to file objections, the clerk has seven days to file the documents with the Idaho Supreme Court.

Then deadlines on the next set of documents will be determined, according to the Supreme Court Appeals website.

Another document filed by Wright asks that LaPlante be ordered a state appellate public defender and for current counsel, himself, to withdraw from the case, allowing the appeal process. That request was granted and signed by Monson, according to court documents.

Brewster may be contacted at kbrewster@lmtribune.com or at (208) 848-2297.