State v. Folsom

84 P.3d 563, 139 Idaho 627, 2003 Ida. App. LEXIS 111
CourtIdaho Court of Appeals
DecidedOctober 27, 2003
DocketNo. 27844
StatusPublished

This text of 84 P.3d 563 (State v. Folsom) 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. Folsom, 84 P.3d 563, 139 Idaho 627, 2003 Ida. App. LEXIS 111 (Idaho Ct. App. 2003).

Opinion

GUTIERREZ, Judge.

Jack Leroy Folsom appeals from his judgment of conviction rendered after he was found guilty of abandoning a vulnerable adult, a felony under Idaho Code § 18-1505A. Folsom argues that his conduct did not rise to the level of “abandonment” required by the statute. We affirm.

I.

FACTUAL AND PROCEDURAL SUMMARY

Jack Folsom, aged fifty, lived in Twin Falls with his mother, Lillian Thompson, aged seventy-two. Thompson suffered from poor health and schizophrenia and Folsom, who was unemployed, lived with her ostensibly to provide living assistance.

Thompson suffered a stroke at home, but Folsom did not call the paramedics for several days. When Folsom did finally call for medical assistance, an unresponsive Thompson was transported to the emergency room at Magic Valley Regional Medical Center (MVRMC). Doctors at MVRMC found Thompson to be in appalling condition. An extremely objectionable odor permeated the area immediately surrounding Thompson, and her clothing, saturated with urine and feces and host to maggots, was stuck to her body and difficult to remove. Beneath the filthy clothing, doctors found Thompson to be emaciated and riddled with bedsores and decaying skin. What muscles remained in Thompson’s arms and legs resisted straightening, indicating to these medical professionals that Thompson had not moved in many days. Continuing their examination, doctors found substantial evidence that Thompson was severely dehydrated and had not consumed water for days. In addition to evidence of long-term malnutrition, the doctors were able to surmise that Thompson had not eaten anything in days.

Based on those factors, as well as the distribution and severity of the pressure sores on her back and legs, doctors estimated Thompson had not changed position for as many as seven days. Believing Thompson’s condition warranted investigation, MVRMC personnel contacted Twin Falls police, who then accompanied Folsom to the residence he shared with his mother.

[629]*629The investigating officers found the residence to be in grave disrepair, with no running water (hence no toilet; a bucket in the kitchen had been pressed into service as a commode), piles of rotten food and dirty clothes mixed together, unwashed pots and pans, fecal matter, broken appliances, dead rodents, bedding soiled nearly black, and an overwhelming odor of excrement and decay. Thompson’s sleeping area, where she had lain unmoving for days, was located in the main room of the house and was surrounded by filth. Folsom, who made use of a private bedroom, claimed Thompson had been getting up and eating and drinking and cleaning herself while he slept.

The condition of the residence, in tandem with Thompson’s state of health, prompted Folsom’s arrest; he was later charged with violation of I.C. § 18-1505A, abandoning a vulnerable adult.

Folsom entered a plea of not guilty and waived his right to a jury trial. After the state presented its case-in-chief at a bench trial, Folsom moved for a judgment of acquittal, arguing that I.C. § 18-1505A was inapplicable to the facts before the court. Folsom specifically argued that his conduct did not constitute a felony “abandonment” of his mother, and that charges would have been more appropriate under the misdemeanor negligence statute, I.C. § 18-1505. This motion was denied. The district court then found Folsom guilty of violating I.C. § 18-1505A, abandoning a vulnerable adult, and committed him to the custody of the Idaho State Board of Correction for a unified sentence of five years, with one year determinate, and levied against him a fine of $1,000. Folsom appeals.

II.

ANALYSIS

Folsom argues that his right to due process forbids conviction under I.C. § 18-1505A because the statute is ambiguous. Folsom contends that he lacked notice that he might be held criminally responsible for this conduct, and so requests a reversal of his conviction. Alternatively, Folsom asserts that his treatment of Thompson was merely negligent, and therefore, he is at most guilty of a misdemeanor.

We begin with Folsom’s argument that 1.C. § 18-1505A is ambiguous. The statute reads in relevant part:

18-1505A. Abandoning a vulnerable adult. — Any person who abandons a vulnerable adult, as that term is defined in section 18-1505, Idaho Code1, in deliberate disregard of the vulnerable adult’s safety or welfare, regardless of whether the vulnerable adult suffered physical harm from the act of abandonment, shall be guilty of a felony and shall be imprisoned in the state prison for a period not in excess of five (5) years, or by a fine not exceeding five thousand dollars ($5,000), or by both such fine and imprisonment. It shall not be a defense to prosecution under the provisions of this section that the perpetrator lacked the financial ability or means to provide food, clothing, shelter or medical care reasonably necessary to sustain the life and health of a vulnerable adult.
As used in this section “abandon” means the desertion or willful forsaking of a vulnerable adult by any individual, caretaker as defined by subsection (2)(b) of section 18-1505, Idaho Code2, or entity which has assumed responsibility for the care of the vulnerable adult by contract, receipt of payment of care, any relationship arising from blood or marriage wherein the vulnerable adult has become the dependent of another or by order of a court of competent jurisdiction....

[630]*630When presented with an issue of statutory interpretation, we exercise free review. State v. Beard, 135 Idaho 641, 646, 22 P.3d 116, 121 (Ct.App.2001). Interpretation of a statute by the Idaho judiciary can involve textual and contextual analysis, both of which are guided by a series of long-held maxims. We begin with examination of the literal words of the statute. State, Dep’t of Health & Welfare ex rel. Lisby v. Lisby, 126 Idaho 776, 779, 890 P.2d 727, 730 (1995); State v. Olson, 138 Idaho 438, 440, 64 P.3d 967, 969 (Ct.App.2003); Beard at 646, 22 P.3d at 121. If we conclude that this language is clear and unambiguous, we will simply apply the statute as written. State v. Hagerman Water Right Owners, Inc., 130 Idaho 727, 732, 947 P.2d 400, 405 (1997); Olson at 440, 64 P.3d at 969; see also State v. Evans, 134 Idaho 560, 563, 6 P.3d 416, 419 (Ct.App.2000).

Idaho Code § 18-1505A subjects to felony prosecution any person who (1) abandons (2) a vulnerable adult (3) in deliberate disregard of the vulnerable adult’s safety or welfare. At trial Folsom argued that “to abandon” meant only “to effect a physical departure” from someone. The district court disagreed, and on appeal Folsom now concedes that the plain meaning of “to abandon” includes a withdrawal from obligation.

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Related

State v. Hagerman Water Right Owners, Inc.
947 P.2d 400 (Idaho Supreme Court, 1997)
State v. Barnes
987 P.2d 290 (Idaho Supreme Court, 1999)
State v. Olson
64 P.3d 967 (Idaho Court of Appeals, 2003)
State v. Evans
6 P.3d 416 (Idaho Court of Appeals, 2000)
State v. Jeppesen
57 P.3d 782 (Idaho Supreme Court, 2002)
State v. Betterton
903 P.2d 151 (Idaho Court of Appeals, 1995)
State, Department of Health & Welfare Ex Rel. Lisby v. Lisby
890 P.2d 727 (Idaho Supreme Court, 1995)
State v. Beard
22 P.3d 116 (Idaho Court of Appeals, 2001)

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Bluebook (online)
84 P.3d 563, 139 Idaho 627, 2003 Ida. App. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-folsom-idahoctapp-2003.