State v. Chareunsouk

13 P.3d 1, 135 Idaho 1, 2000 Ida. App. LEXIS 67, 2000 WL 1285432
CourtIdaho Court of Appeals
DecidedSeptember 13, 2000
DocketNo. 25680
StatusPublished
Cited by2 cases

This text of 13 P.3d 1 (State v. Chareunsouk) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Chareunsouk, 13 P.3d 1, 135 Idaho 1, 2000 Ida. App. LEXIS 67, 2000 WL 1285432 (Idaho Ct. App. 2000).

Opinion

SCHWARTZMAN, Judge.

Sai B. Chareunsouk pled guilty to possession of a controlled substance with intent to deliver, I.C. § 37-2732(a)(l)(A), after being [2]*2found in possession of 10.7 grams of methamphetamine. The district court imposed a unified sentence of twenty years, with five years fixed. Chareunsouk appeals his sentence. We affirm.

I.

FACTS AND PROCEDURE

Police executed a search warrant at twenty-year-old Chareunsouk’s residence following the arrest of a person to whom Chareunsouk had sold methamphetamine. In the bathroom where Chareunsouk, a resident alien from Thailand, was hiding, police found a set of scales covered in powdery residue and a film canister containing a small amount of methamphetamine. A further search directed by Chareunsouk resulted in the discovery of 10.7 grams of methamphetamine, drug paraphernalia, a police scanner and three firearms. After being arrested and transported to the Jerome County jail, a glass vial containing a small amount of methamphetamine was recovered from the back seat of the patrol car in which Chareunsouk was transported.

During custodial interrogation, Chareunsouk admitted to selling methamphetamine to four persons the evening before his arrest and that he earns about $600 a week selling methamphetamine. Chareunsouk said that he used the money to help support the fifteen-year-old mother of his infant child, both of whom were present at the time of his arrest. Chareunsouk was charged with possession of a controlled substance (methamphetamine) with intent to deliver; possession of a controlled substance (methamphetamine) with intent to deliver, where children are present; delivery of a controlled substance (methamphetamine); and delivery of a controlled substance (methamphetamine), where children are present. Pursuant to a plea agreement, Chareunsouk entered a guilty plea to possession of a controlled substance with intent to deliver in exchange for the state’s recommendation of a five-year sentence with three years fixed, but with a retained jurisdiction. I.C. § 19-2601(4). The remaining charges were dismissed.

At sentencing, counsel for Chareunsouk reviewed corrections to the presentence investigation report (PSI) and argued for a term of probation with outpatient chemical dependency treatment, noting Chareunsouk’s employability, drug problem, family support, and his health problem caused by a heart condition. The prosecutor argued for a unified five-year sentence with three years fixed, with retained jurisdiction, noting Chareunsouk’s youth and his involvement with drugs and alcohol.

Upon questioning by the court, Chareunsouk indicated that he was not employed and that he had sold drugs to one person, one time to support his family. Chareunsouk admitted he had been on juvenile probation in the past and performed unsuccessfully. The district court then reviewed the presentence investigator’s recommendation of imprisonment and discussed the likelihood that if placed on probation Chareunsouk would be deported. Thereafter the district court pronounced sentence as follows:

This court has several things to consider in determining a sentence. First of all, whether retribution is an appropriate factor. I don’t consider retribution to be a factor in this case.
As far as rehabilitation is concerned, there’s a lot of argument been made that you should be given another chance, that the other record is on juvenile matters. Considering your age, I always think most of your record is going to be juvenile matters, but they’re very serious juvenile matters. They involve burglary and they involve drug related crimes, and you’re back before this court as an adult not too long after becoming an adult on a very serious drug related matter that carries a life sentence.
And the problem with rehabilitation is that rehabilitation assumes a situation where the defendant is capable of being rehabilitated; that is it can be a successful term of probation. Your record, Mr. Chareunsouk, indicates to this court that - and you’ve already acknowledged you have not been able to successfully complete any pri- or probation term and that causes this court a great deal of concern about your [3]*3ability to complete a probation with this court. And I deem it highly unlikely that you could successfully complete probation even at the felony level.
I also believe it’s necessary for the - for this court to not only deter you, but to in some effect try to deter other people from proceeding down the same lines that you have proceeded in this case.
It seems to me that in this kind of case it’s incumbent upon the courts to make sure that those defendants that come before me understand that it’s not going to be lightly viewed - that is, your record and the crime that you’ve committed is not going to be lightly viewed by this com!;. At some point in time a line has to be drawn in saying that there’s no point in going forward with you and there’s no point in allowing people to think that they can involve - be involved in drug activity and not avoid the consequences contemplated by the statutes in the case.
Therefore, that’s an explanation of where I’m going in this ease, and I’ll enter the sentence and why I’m entering the sentence that I have planned on entering. The court does not believe you’re a good candidate for probation. I’ve already said that you’ve not successfully completed one. And I’ll do deference to the state’s recommendation and the defense urging to do otherwise. I do not believe it’s worthwhile to proceed on a retained jurisdiction basis.
You are ordered to pay court costs in the amount of $88.50. You are committed to the custody of the Idaho Department Board of Corrections for a unified sentence of 20 years, which is comprised of a minimum fixed period of confinement of five years, followed by an indeterminate period of custody of 15 years. Those 15 years to be determined by the Board of Correction.

Four days after entry of judgment, Chareunsouk filed an I.C.R. 35 motion for reduction of sentence, arguing that his sentence was unduly harsh. The court held a hearing at which Chareunsouk presented testimony about potential employment. Counsel for Chareunsouk argued that the sentence imposed differed significantly ft’om the state’s recommendation and requested a reduction of the sentence in line with that imposed on Chareunsouk in Twin Falls County for child custody interference — four years with two years fixed, with retained jurisdiction. Chareunsouk requested a reduction to a five-year sentence with three years fixed, with retained jurisdiction. The district court denied Chareunsouk’s motion for reduction of sentence, restating the reasons expressed at the sentencing hearing. Chareunsouk appeals.

II.

DISCUSSION

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. Hedger, 115 Idaho 598, 604, 768 P.2d 1331, 1337 (1989). A sentence may constitute a clear abuse of discretion if it is unreasonable upon the facts of the case. State v. Broadhead, 120 Idaho 141, 145, 814 P.2d 401, 405 (1991), overruled on other grounds by State v. Brown,

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Bluebook (online)
13 P.3d 1, 135 Idaho 1, 2000 Ida. App. LEXIS 67, 2000 WL 1285432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chareunsouk-idahoctapp-2000.