It usually takes about one year for the Court of Appeals to make a decision in a case that has been appealed. There are instances when a decision is reached more quickly, but those matters are accepted by special permission and only when there is a particular need for a rapid resolution of a legal question. Very few cases are accepted for expedited review.

Last week we received the decision in the appeal of Chris Nichols. This young man was convicted about one year ago for the theft and possession of firearms that were stolen from a local citizen. Mr. Nichols and Eric Booth committed the burglary and a few weeks later, Eric Booth used one of the handguns in the killing of a Colville man, Gordon Feist.

Mr. Booth and his accomplices in the murder of Gordon Feist, Jesse Fellman-Shimmin, 27, and Collette Marie Pierce, 25 testified at the trial of Mr. Nichols. Mr. Nichols did not testify. Mr Nichols was convicted and sentenced by Judge Pat Monasmith to a term required by law of 126 years.

The sentence was required under the law called the Hard Time for Armed Crime Act. This law requires a defendant be sentenced consectutively for each firearm stolen and possessed by a convicted felon. The law was enacted in the early 1990’s as part of the get-tough-on-crime legislation that brought the “three strikes” provisions to our law.

The law has been tested many times in the Appellate Courts. So long as the trial is conducted properly, and there are no errors which would dictate a new trial, the law has repeatedly been found to be constitutional. The courts have repeatedly stated how harsh this sentencing law is, but have repeatedly said that it is up to the legislature to change this law and not the courts.

The decision in Chris Nichols case was no different. The Court of Appeals sustained the conviction and declared the sentence to be lawful. Now Mr. Nichols has the right to ask the Supreme Court to review the decision of the Court of Apeals. This will take about one year for them to decide if they will review the decision and if they decide to review it, another year for them to make a decision.

The wheels of justice grind exceedingly slow, but they grind very fine. I don’t know who said it first, but it is true. Don’t steal guns. Don’t steal at all. Repect the property of another person and you won’t have to worry about the Hard Time for Armed Crime Act at all. It is better that way.