State v. Hooper

809 P.2d 467, 119 Idaho 606, 1991 Ida. LEXIS 16
CourtIdaho Supreme Court
DecidedFebruary 12, 1991
Docket18156
StatusPublished
Cited by36 cases

This text of 809 P.2d 467 (State v. Hooper) 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. Hooper, 809 P.2d 467, 119 Idaho 606, 1991 Ida. LEXIS 16 (Idaho 1991).

Opinions

McDEVITT, Justice.

The defendant pled guilty to voluntary manslaughter, I.C. § 18-4006(1), and possession of a firearm during the commission of a crime, I.C. § 19-2520, for the killing of William “Bill” Davis. Hooper received a fixed 30 year sentence for these crimes and was incarcerated at the Idaho State Correctional Institution. Subsequently, the defendant moved the court for a reduction of his sentence based on his exemplary behavior and his continued aggravated health problems. This motion was denied by the trial court. From the sentence and the denial of the motion for reduction of sentence the defendant appeals. We affirm both the sentence and the denial of the motion for reduction of sentence.

Originally, Hooper was charged with first degree murder for the death of Davis, with whom Hooper shared a trailer house. The victim was “discovered” by Hooper who later requested that a friend call 911 emergency to advise authorities that some[608]*608thing may be wrong with Davis. The police and fire department arrived and found Davis dead due to a gunshot wound in his right temple inflicted while he was sleeping on the couch in the trailer house. Several hours later police arrested Hooper for the murder of Davis. The murder weapon, a .22 caliber pistol, was found in Hooper’s possession with an empty cartridge in the chamber. Although the defendant admitted to a neighbor that he shot Davis, he now claims he cannot remember if he shot Davis or not, as he was extremely intoxicated the night of the shooting and may have been suffering from an alcoholic “blackout.” After the trial on the original charges had begun, the prosecution amended the charges against the defendant and the defendant pled guilty to voluntary manslaughter and possession of a firearm during the commission of a crime.

Hooper has a long history of alcohol abuse. Both of his biological parents were alcoholics who repeatedly placed him in and out of various foster homes and finally abandoned him while he was still young. Hooper was adopted when he was 15 years old by Mr. and Mrs. James W. Hooper of Nashville, Tennessee. Hooper’s adoptive mother stated that the defendant started abusing alcohol early in his teenage years and has not been able to stop or control his alcohol problem.

In 1959, at the age of 19, the defendant left home and joined the Navy. He was given an honorable discharge for medical reasons in 1961. While in the Navy he incurred three summary court martials for errant behavior. His discharge summary stated that “Hooper’s military behavior borders on completely unsatisfactory. He has little regard for military standards.”

After being discharged from the Navy, Hooper returned to Nashville and was married in 1962. In 1968, apparently in a drunken rage, Hooper entered his wife’s place of work and tried to shoot her with a rifle. His wife escaped with only a superficial wound. The day after this incident Hooper was arrested at the home of his mother-in-law for assault. For this conduct Hooper received 6 months in the Tennessee Central State Workhouse for the Criminally Insane.

After a divorce in 1972, the defendant moved to Michigan to live with his biological mother, Stella Chapman. In 1974, after an argument with his mother, Hooper retrieved a shotgun from his bedroom and fatally shot his mother in the head. This incident also apparently happened while the defendant was extremely intoxicated. For the death of his mother, Hooper received a sentence of 3V2 to 15 years in prison. After serving 3 years, Hooper was released.

Hooper moved to Boise, Idaho, in 1984. In 1986 the defendant married for a second time. Hooper’s alcoholism and abusiveness caused this marriage to end in divorce approximately 7 months after it began.

The defendant’s criminal record is replete with arrests for drunkenness, drunk and disorderly conduct, assault, and forgery charges. Alcohol has played a significant role in all of these incidents. Hooper admits to entering alcohol rehabilitation programs six different times at the Veteran’s Administration Hospital, but none of these programs has been successful.

Hooper now must take extensive medication for a heart ailment. These medications have many side effects, but the most profound is that it accentuates the effect of alcohol. Hooper now suffers from “blackouts,” or oxygen deprivation of the brain, that causes the defendant to forget where he is or what he is doing. It is possible the defendant was suffering from one of these blackouts when he shot Davis.

We first review the sentence imposed by the trial court. A sentence of 15 years for voluntary manslaughter enhanced by 15 years for the use of a firearm is the maximum sentence allowed by statute. Sentencing is within the discretion of the trial court and will not be disturbed unless it appears that the sentence is an abuse of discretion. State v. Cotton, 100 Idaho 573, 602 P.2d 71 (1979). In exercising that discretion, the most fundamental requirement is reasonableness. State v. Dillon, 100 Idaho 723, 604 P.2d 737 (1979). Where an excessive sentence is alleged, [609]*609this Court must make an independent review of the record to determine reasonableness. State v. Shideler, 103 Idaho 593, 651 P.2d 527 (1982). In reviewing a sentence, we must give proper regard for the nature of the offense, the character of the offender, and the protection of the public interest. State v. Wolfe, 99 Idaho 382, 582 P.2d 728 (1978).

Nature of the offense. Voluntary-manslaughter is one of the most serious offenses that a person can commit; for this reason, our society has established stiff punishments for those who commit this crime.

Character of the offender. As we have previously stated, the defendant, Hooper, has had a long and extensive history of violating societal norms. The defendant has abused alcohol for over 30 years which has caused the failure of two marriages and the alienation of his family. The killing of Davis is at least the third time the defendant has used a firearm against another individual, twice resulting in death. This is indicative of the defendant’s inability to function within the rules that society has mandated. His employment history has been erratic, he is physically abusive of other people, and he has never been able to accept discipline. The defendant has entered alcohol rehabilitation programs on six different occasions, all without success. This demonstrates his inability to be rehabilitated into a functional citizen.

Protection of the public interest. The seriousness of the offense mandates a punishment in the form of a substantial prison sentence. A substantial sentence reflects society’s condemnation of the defendant’s conduct, deters other members of society from engaging in similar conduct, and protects society from future crime. State v. Stormoen, 103 Idaho 83, 645 P.2d 317 (1982).

Upon reviewing the record, we cannot say the trial court abused its discretion. The sentence of 30 years imposed by the trial court for the crime committed is appropriate. We affirm the trial court’s imposition of a determinate 30 year sentence upon the defendant.

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Bluebook (online)
809 P.2d 467, 119 Idaho 606, 1991 Ida. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hooper-idaho-1991.