State v. Baker

38 P.3d 614, 136 Idaho 576, 2001 Ida. LEXIS 150
CourtIdaho Supreme Court
DecidedDecember 26, 2001
Docket27499
StatusPublished
Cited by15 cases

This text of 38 P.3d 614 (State v. Baker) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Baker, 38 P.3d 614, 136 Idaho 576, 2001 Ida. LEXIS 150 (Idaho 2001).

Opinion

*577 EISMANN, Justice.

Willard Baker appeals his sentence for vehicular manslaughter. We affirm.

I. FACTS AND PROCEDURAL HISTORY

On July 15, 1999, at about 11:30 p.m., the defendant Willard Baker took Bobbie Jean Hess for a ride in his Chevrolet Camaro along Blue Lakes Boulevard in Twin Falls, Idaho. The boulevard was a five-lane road, with two northbound and two southbound lanes, as well as a center turn lane. The posted speed limit was 35 miles per hour. Baker began drag racing a Pontiac Trans Am down the boulevard. Baker was in the right-hand, northbound lane, and the Trans Am was in the left-hand, northbound lane. As they approached a small pickup in the left-hand lane, the Trans Am slowed but Baker continued at a speed estimated to be 97 miles per hour. As Baker was passing the small pickup on its right, he lost control of the Camaro, and it began to spin counterclockwise. The Camaro crossed the left-hand lane in front of the small pickup and then slid sideways into the rear of a full-sized pickup that was stopped in the center turn lane. The collision caused extensive damage to the passenger side of the Camaro, pinning Miss Hess in the vehicle.

Once the Camaro came to a stop, Baker got out of the driver’s side door, but did not attempt to assist Miss Hess or check upon her condition. After she was extricated from the Camaro, she was transported to the hospital, where she was pronounced dead. Baker told the police investigating the accident that Miss Hess had been driving when the accident occurred. A blood test revealed that Baker was intoxicated with a BAC of .08 and that he had recently used marijuana.

The State charged Baker with vehicular manslaughter. Baker ultimately waived his right to a preliminary hearing and pled guilty at his arraignment in district court. The district court sentenced him to a maximum sentence of ten years fixed in the custody of the Idaho Board of Correction, a $10,000 fine, a $5,000 civil penalty, and a lifetime suspension of his driving privileges. Baker appealed his sentence.

His appeal was initially heard by the Court of Appeals. It affirmed his sentence in an unpublished opinion. We then granted Baker’s petition for review. In eases that come before this Court on a petition for review of a Court of Appeals decision, this Court gives serious consideration to the views of the Court of Appeals, but directly reviews the decisions of the trial court. Humberger v. Humberger, 134 Idaho 39, 995 P.2d 809 (2000).

II. ANALYSIS

Baker contends that the sentence imposed by the district court was excessive. When reviewing whether a sentence is excessive, we review all the facts and circumstances in the case and focus on whether the trial court abused its discretion in fixing the sentence. State v. Zaitseva, 135 Idaho 11, 13 P.3d 338 (2000). The four objectives of sentencing are: (1) the protection of society, (2) the deterrence of crime both generally and specifically, (3) the possibility of rehabilitation, and (4) punishment or retribution for wrongdoing. State v. Zaitseva, 135 Idaho 11, 13 P.3d 338 (2000). Where a sentence is within the statutory limits, the appellant bears the burden of demonstrating that it is a clear abuse of discretion. State v. Lundquist, 134 Idaho 831, 11 P.3d 27 (2000). To constitute an abuse of discretion, the sentence must be shown to be excessive under any reasonable view of the facts. Id. A sentence is reasonable if at the time of imposition it appeal’s necessary to achieve the primary objective of protecting society and to achieve any or all of the related goals of deterrence, rehabilitation or retribution applicable to the given case. Id.

Baker first contends that his sentence to incarceration for a fixed period of ten years is excessive. He argues that he expressed genuine remorse for causing the death of Miss Hess, that he had a long history of substance abuse, and that just prior to the accident he had been attempting to gain control of his substance abuse.

*578 Baker was 25 years of age at the time of this offense. He has an extensive juvenile record beginning in 1982. His juvenile offenses include two petit thefts, two charges of joyriding, an escape, six charges of grand theft, one charge each of second, third, and fourth degree arson, and two burglaries. He also committed the traffic offenses of failing to obey a traffic control signal and reckless driving. In 1988 Baker was committed to the custody of the Idaho Department of Health and Welfare, and at some point he was placed at the Youth Services Center in St. Anthony.

In 1991 at the age of 17, Baker was waived into adult court on charges of petit theft, battery, grand theft, and burglary. On February 7,1992, he was placed on probation for the two felonies. One month later a probation violation was filed alleging that he had failed to report as scheduled on six separate occasions. One month after that, a second report of violation was filed alleging that Baker was arrested in Reno, Nevada, with a stolen vehicle, stolen credit cards, and a stolen shotgun. The court revoked Baker’s probation, but retained jurisdiction for 180 days. Following an unfavorable report from the retained jurisdiction program, the district court relinquished jurisdiction, and Baker began serving his five-year sentence.

Baker was paroled in 1994. While on parole, Baker committed the traffic offenses of leaving the scene of a damage accident, driving while suspended, and speeding. He also failed to abide by other conditions of parole. His parole was revoked, and he returned to prison. He was paroled again in 1996, but his parole was again revoked. He served the remainder of his sentence and was released on October 1, 1997. While in prison, Baker was disciplined for several infractions of the rules. After his release, he committed the traffic offenses of failing to stop at a stop sign, driving while suspended, and driving while under the influence of alcohol. He also admits that he sold controlled substances to support himself.

Baker told the presentence investigator that he began experimenting with alcohol and drugs when he was 12 or 13 years of age, and that he has used marijuana, cocaine, methamphetamine, LSD and heroine. He stated that he used marijuana and methamphetamine almost daily while in prison, and continued using them upon his release. Baker said that he did not enjoy drinking alcohol, however, and rarely consumed it to the point of intoxication.

When sentencing Baker, the district court stated as follows:

For you, Mr. Baker, the record reflects that even with the maximum sentence you’re going to be — still have the opportunity to make something out of your life. That might be possible. I don’t know. Your record indicates that the chances are slim. But if your letter 1

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Cite This Page — Counsel Stack

Bluebook (online)
38 P.3d 614, 136 Idaho 576, 2001 Ida. LEXIS 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-baker-idaho-2001.