State v. Helms

137 P.3d 466, 143 Idaho 79, 2006 Ida. App. LEXIS 3
CourtIdaho Court of Appeals
DecidedJanuary 6, 2006
Docket30460
StatusPublished
Cited by4 cases

This text of 137 P.3d 466 (State v. Helms) 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. Helms, 137 P.3d 466, 143 Idaho 79, 2006 Ida. App. LEXIS 3 (Idaho Ct. App. 2006).

Opinions

LANSING, Judge.

The district court imposed on Thomas Wendell Helms a fixed life sentence, which included a persistent violator sentence en[80]*80hancement, for battering a correctional officer by throwing toilet water on the officer. Helms appeals, contending that the sentence is excessive. We conclude that this severe sentence is so disproportionate to the offense for which it was imposed that the sentence must be reduced.

I.

BACKGROUND

For throwing water on the officers, Helms was charged with battery on a correctional officer, a felony under Idaho Code § 18-915(c). The charging information also alleged that Helms was subject to a sentence enhancement of up to life imprisonment under I.C. § 19-2514 for being a persistent violator. He was convicted following a jury trial. At the sentencing hearing the prosecutor recommended a unified twenty-year sentence composed of a five-year fixed term followed by fifteen years indeterminate. Defense counsel requested a five-year fixed sentence with no indeterminate term. The district court elected, however, to impose a determinate life sentence, including the sentence enhancement, citing Helms’s serious and extensive criminal record to justify this maximum punishment. Helms appeals this sentence, contending that a determinate life sentence is unreasonable for this offense.1

In March 2003, while incarcerated at the Idaho Maximum Security Institution on sentences for grand theft, felony possession of a dangerous weapon by an inmate, and battery with intent to commit murder, Helms became involved in a scuffle with two correctional officers. Helms had been treated for self-inflicted wounds to his arm several days earlier. On the day in question, he attracted the attention of correctional officers by pulling the stitches out of his arm, rubbing his blood on a towel, and hanging the towel in his cell window. The officers determined that they needed to move Helms from his cell for medical treatment. Prison procedures required that Helms be restrained before being removed from his cell. An officer therefore asked Helms to submit to handcuffing, and he agreed to do so. As the officer moved to secure handcuffs on Helms, however, Helms jerked away, grabbed a nearby cup, and threw a liquid on the correctional officers. The liquid — apparently water from Helms’s toilet — hit one officer in the face and left side, and hit another low on his right side. Both officers immediately went through decontamination procedures and medical tests to ensure that they had not contracted any pathogens such as HIV or hepatitis. The tests were negative.

II.

ANALYSIS

Appellate review of the length of a sentence is governed by an abuse of discretion standard. State v. Hedger, 115 Idaho 598, 604, 768 P.2d 1331, 1337 (1989); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct.App.1982). In applying that standard, “reasonableness” is a fundamental requirement. Id. The objectives of sentencing, against which the reasonableness of a sentence is to be measured, are the protection of society, the deterrence of crime, the rehabilitation of the offender, and punishment or retribution. Id. On appellate review, it is our responsibility to conduct an independent examination of the facts, focusing upon the nature of the offense and the character of the offender. State v. Young, 119 Idaho 510, 511, 808 P.2d 429, 430 (Ct.App.1991). We will find that the trial court abused its sentencing discretion if, in light of the objectives of sentencing, the imposed sentence is excessive under any reasonable view of the facts. State v. Charboneau, 124 Idaho 497, 499, 861 P.2d 67, 69 (1993); State v. Brown, 121 Idaho 385, 393, 825 P.2d 482, 490 (1992).

In this case, the underlying offense involved a battery upon a correctional officer. Under Idaho law, a battery of the type perpetrated here would be a misdemeanor subject to a maximum sentence of six months in the county jail but for the fact that the victims were correctional officers. See I.C. [81]*81§§ 18-903, 18-904. Helms’s offense was elevated to a felony by terms of I.C. § 18-915(e), which provides that a battery committed against certain categories of victims, including correctional officers, is a felony.2 Even as thus constituting a felony, in the absence of a persistent violator enhancement the conduct is punishable by no more than five years of imprisonment. I.C. § 18-915(c). For comparison purposes, we also note that 1.C. § 18-915B, which makes it a felony for an inmate to propel bodily fluid or bodily waste at a correctional officer, authorizes a maximum sentence of five years; and an aggravated battery on a correctional officer in which an officer sustains great bodily harm, permanent disability or permanent disfigurement, is subject to a thirty-year maximum sentence. I.C. §§ 18-907, 18-908, 18-915(b).

Idaho’s persistent violator statute, I.C § 19-2514, authorizes a court to sentence a third-time felon to a greater term than otherwise would have been permissible for the new offense. This statute mandates a minimum sentence of five years and authorizes a maximum sentence of life imprisonment for a felon who has at least two prior felony convictions.3 Section 19-2514 is a clear expression of legislative policy that a recidivist should be subject to more severe punishment than a first offender would be. The statute “raise[s] the bar so to speak, by broadening a judge’s possible sentencing options.” State v. Harrington, 133 Idaho 563, 567, 990 P.2d 144, 148 (Ct.App.1999). Persistent violator status is not an additional charge, but replaces the ordinary sentencing range for the underlying conviction. See State v. Johnson, 86 Idaho 51, 57, 383 P.2d 326, 329 (1963); State v. Martinez, 107 Idaho 928, 929, 693 P.2d 1130, 1131 (Ct.App.1985); State v. Greensweig, 102 Idaho 794, 800, 641 P.2d 340, 346 (Ct.App.1982).

A determinate life sentence is the harshest penalty that may be imposed for any crime, save for the death sentence. An inmate given a fixed life sentence receives no consideration for good behavior, successful rehabilitative treatment, mellowing of age, or any other mitigating factor that may evolve over time. Absent executive commutation, an inmate with such a sentence will die in prison. Given the gravity of such a punishment, we have stated that a fixed life sentence is appropriate in only two situations: “if the offense is so egregious that it demands an exceptionally severe measure of retribution and deterrence, or if the offender so utterly lacks rehabilitative potential that imprisonment until death is the only feasible means of protecting society.” State v. Eubank,

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State v. Helms
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Bluebook (online)
137 P.3d 466, 143 Idaho 79, 2006 Ida. App. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-helms-idahoctapp-2006.