This case was previously before the Court in State v. Lindquist, 99 Idaho 766, 589 P.2d 101 (1979). The facts and legal questions of that previous appeal are amply recited therein and it is sufficient to say that such was an appeal from the imposition of the death penalty following a conviction of first degree murder. That sentence was set aside and the case remanded for resentencing “to any punishment permitted for the conviction of the lesser included offense of second degree murder.”
On remand, the trial judge imposed a determinate sentence of thirty years under the provisions of I.C. § 19-2513A. Appellant asserts that the trial judge erred in that I.C. § 19-2513A had not been enacted by our legislature at the time of the commission of the crime for which appellant stands sentenced. We agree. See State v. Lindquist, supra. Hence, we again set aside the sentence imposed by the trial court and remand the cause to the trial court for resentencing to any punishment permitted for the offense of second degree murder under the provisions of statutes in effect at the time of the commission of the crime in question here.
BAKES, J., concurs.