State v. Broadhead

814 P.2d 401, 120 Idaho 141, 1991 Ida. LEXIS 85
CourtIdaho Supreme Court
DecidedMay 30, 1991
Docket18414
StatusPublished
Cited by247 cases

This text of 814 P.2d 401 (State v. Broadhead) 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. Broadhead, 814 P.2d 401, 120 Idaho 141, 1991 Ida. LEXIS 85 (Idaho 1991).

Opinions

JOHNSON, Justice.

This is a criminal sentencing case. The appeal challenges a life sentence, with the first fifteen years fixed and the balance indeterminate. This sentence was given to a fourteen-year-old boy who pled guilty to the second-degree murder of his father.

We hold that the sentence is not unreasonable under our existing standards for reviewing sentences on appeal. We decline the invitation to develop a modified standard for reviewing the sentence of a child under the age of sixteen who is sentenced for murder as an adult. We also hold that the sentence is not cruel and unusual punishment under either art. 1, § 6 of the Idaho Constitution or the eighth amendment to the Constitution of the United States.

I.

THE BACKGROUND AND PRIOR PROCEEDINGS.

Jeremy Broadhead was fourteen years old when he shot and killed his father. Pursuant to the automatic waiver provision of our Youth Rehabilitation Act (I.C. § 16-1806A(l)(a)), Jeremy was charged as an adult with the crime of first-degree murder. Several months later, Jeremy pled guilty to an amended charge of second-degree murder. After receiving a presentence investigation report, the trial court conducted a sentencing hearing.

The evidence presented at the sentencing hearing indicated that Jeremy’s parents were divorced when Jeremy was seven years old. Jeremy lived with his mother in eastern Idaho until he was thirteen, when he began living with his father in southwestern Idaho. Jeremy was an average student and an excellent athlete. He had no prior arrest record, although he had taken his father’s pickup truck without permission a few months before the murder and had driven to southeastern Idaho.

While he was living with his father, Jeremy and his father had some disputes concerning his performance at school and his social activities. His father grounded Jeremy for some periods and restricted his use of the telephone. During the days prior to the murder, Jeremy considered shooting his father and discussed this with his friends. After the murder, Jeremy informed some of his friends what he had done and showed .them his father’s body. Jeremy then took his father's credit cards, some money, and his father’s pickup, before spending the night with a friend.

Prior to sentencing Jeremy, the trial court considered the presentence report and the testimony of several experts who described Jeremy’s psychological circumstances before and after the murder. In sentencing Jeremy, the trial court specifically considered that Jeremy was only fourteen years old and that prison is not a good setting for him. The trial court stated that Jeremy would be helped best by a therapeutic environment and that Jeremy would be at risk from other inmates at the penitentiary because of his age. In addition to considering what was in Jeremy’s best interest, the trial court considered Jeremy’s rehabilitation, the protection of society, deterrence of Jeremy and others, and punishment or retribution. The trial court concluded:

Now, looking at these considerations, I think that the fact of the matter is that the defendant is not an evil person; the defendant is a person who did something evil. And there has to be a punishment component to this sentence.
The psychologists have been very honest with us, I think, very up front with us. They say, well, we don’t think that he is any more of a risk to society than any other person would be, but we don’t know that. All we do know is that he killed somebody before.
So I think that there has to be a consideration of protection of society from a [143]*143person who has demonstrated by his own acts that he kills.
The issue of deterrence, people talk about for years — have talked about for a long time is, does a sentence deter a crime of violence of this type, a senseless crime of this type? And they suggest that it probably will never deter this type of crime. And so I really don’t think that deterrence is a factor that is a major consideration.
The last thing is the issue of rehabilitation. I look at that, the question of rehabilitation. I feel that a prison sentence is probably going to do — we’re talking just on that issue, the prison sentence is going to more harm than good.
But I just feel that it’s so important that this case is — that this type of a crime is so bad there’s no excuse for it. That the overwhelming considerations in this case are punishment and protection of society.

The trial court sentenced Jeremy to a life term, with the first fifteen years fixed and the balance indeterminate. The trial court explained this structure of the sentence:

So there will be a portion of this fixed and a portion indeterminate so that the State will be able to, at the end of the fixed portion of the sentence, better determine when it would be in the best interest of society for the defendant to be placed on parole and placed back into society.
I am going to give the State the maximum possible option so that they will have the maximum possible time to make that decision.

Jeremy has appealed the sentence on the grounds that it is unreasonable and constitutes cruel and unusual punishment.

II.

THE SENTENCE IS NOT UNREASONABLE.

Jeremy’s attorney asserts that the sentence imposed on him by the trial court was unreasonable and should be modified. We disagree.

Before embarking on an analysis of the reasonableness of the sentence, we believe it is important to distinguish our function in reviewing the reasonableness of a sentence from our function in deciding whether a sentence constitutes cruel and unusual punishment. In reviewing the reasonableness of a sentence, we are exercising our authority as an appellate court to determine whether the trial court abused its discretion. State v. Wolfe, 99 Idaho 382, 384-85, 582 P.2d 728, 730-31 (1978). In deciding whether a sentence is cruel and unusual, we must decide whether it is proportional. See part III, below.

In determining whether a sentence is excessive or is cruel and unusual punishment, 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. Stormoen, 103 Idaho 83, 84-85, 645 P.2d 317, 318-19 (1982); State v. Seifart, 100 Idaho 321, 323-24, 597 P.2d 44, 46-47 (1979); Wolfe, 99 Idaho at 384-85, 582 P.2d at 730-31; State v. Prince, 97 Idaho 893, 894, 556 P.2d 369, 370 (1976); State v. Iverson, 77 Idaho 103, 111-12, 289 P.2d 603, 607 (1955).

In Wolfe, the Court restated the four objectives of criminal punishment: “(1) protection of society; (2) deterrence of the individual and the public generally; (3) the possibility of rehabilitation; and (4) punishment or retribution for wrong doing.” 99 Idaho at 384, 582 P.2d at 730. The Court pointed out: “Appellate review of a sentence is based on an abuse of discretion standard.” Id. The Court also stated that the general objectives of sentence review are:

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Cite This Page — Counsel Stack

Bluebook (online)
814 P.2d 401, 120 Idaho 141, 1991 Ida. LEXIS 85, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-broadhead-idaho-1991.