State v. Hellberg

Idaho Court of Appeals

State v. Hellberg

668 P.2d 137, 105 Idaho 261, 1983 Ida. App. LEXIS 237

CourtIdaho Court of Appeals

DecidedAugust 23, 1983

DocketNo. 14424

StatusPublished

Cited by1 cases

This text of 668 P.2d 137 (State v. Hellberg) 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. Hellberg, 668 P.2d 137, 105 Idaho 261, 1983 Ida. App. LEXIS 237 (Idaho Ct. App. 1983).

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Opinion

SWANSTROM, Judge.

John Hellberg pled guilty to one count of forgery, I.C. § 18-3601, and two counts of petit theft, I.C. §§ 18-2403(1) and 18-2407(2). The district court sentenced him to the custody of the Board of Corrections for an indeterminate term not to exceed seven years for forgery, to run concurrently with a six-month sentence for each theft. The only issue on appeal is whether the sentence imposed for forgery was unduly harsh. We affirm the sentence.

Hellberg could have been sentenced to a maximum of fourteen years for forgery. I.C. § 18-3604. The sentence imposed was within the statutory maximum and will not be disturbed on appeal unless a clear abuse of discretion is shown. We presume that Hellberg’s actual term of confinement for forgery will be at least one-third of his seven-year indeterminate sentence. Thus, the question is whether confinement of such duration is reasonable. Heck v. State, 103 Idaho 648, 650, 651 P.2d 582, 584 (Ct.App.1982). We have held that “a term of confinement is reasonable to the extent it appears necessary, at the time of sentencing, to accomplish the primary objective of protecting society and to achieve any or all of the related goals of deterrence, rehabilitation or retribution applicable to a given case.” State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct.App.1982).

In this case, Hellberg’s criminal record includes prior convictions for theft and forgery. The record also discloses numerous probation violations and flight from Oregon just before a hearing on another alleged violation. We believe the trial judge was justified in finding that the sentence imposed was necessary to protect society from repetitions of Hellberg’s prior conduct. The judge gave sound reasons for his decision which need not be detailed here. There was no abuse of discretion. The sentence is affirmed.

WALTERS, C.J., and BURNETT, J., concur.

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SWANSTROM, Judge.

John Hellberg pled guilty to one count of forgery, I.C. § 18-3601, and two counts of petit theft, I.C. §§ 18-2403(1) and 18-2407(2). The district court sentenced him to the custody of the Board of Corrections for an indeterminate term not to exceed seven years for forgery, to run concurrently with a six-month sentence for each theft. The only issue on appeal is whether the sentence imposed for forgery was unduly harsh. We affirm the sentence.

Hellberg could have been sentenced to a maximum of fourteen years for forgery. I.C. § 18-3604. The sentence imposed was within the statutory maximum and will not be disturbed on appeal unless a clear abuse of discretion is shown. We presume that Hellberg’s actual term of confinement for forgery will be at least one-third of his seven-year indeterminate sentence. Thus, the question is whether confinement of such duration is reasonable. Heck v. State, 103 Idaho 648, 650, 651 P.2d 582, 584 (Ct.App.1982). We have held that “a term of confinement is reasonable to the extent it appears necessary, at the time of sentencing, to accomplish the primary objective of protecting society and to achieve any or all of the related goals of deterrence, rehabilitation or retribution applicable to a given case.” State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct.App.1982).

In this case, Hellberg’s criminal record includes prior convictions for theft and forgery. The record also discloses numerous probation violations and flight from Oregon just before a hearing on another alleged violation. We believe the trial judge was justified in finding that the sentence imposed was necessary to protect society from repetitions of Hellberg’s prior conduct. The judge gave sound reasons for his decision which need not be detailed here. There was no abuse of discretion. The sentence is affirmed.

WALTERS, C.J., and BURNETT, J., concur.

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Bluebook (online)

668 P.2d 137, 105 Idaho 261, 1983 Ida. App. LEXIS 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hellberg-idahoctapp-1983.

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