State v. Hostetler

858 P.2d 331, 124 Idaho 191, 1993 Ida. App. LEXIS 128
CourtIdaho Court of Appeals
DecidedAugust 16, 1993
DocketNo. 20192
StatusPublished

This text of 858 P.2d 331 (State v. Hostetler) 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. Hostetler, 858 P.2d 331, 124 Idaho 191, 1993 Ida. App. LEXIS 128 (Idaho Ct. App. 1993).

Opinion

PER CURIAM.

This is a sentence review'. Jodie Ann Hostetler pled guilty to the crime of permitting injury to a child, charged as a felony under I.C. § 18-1501(1). She was committed to the custody of the Board of Correction for nine years with a three-year minimum period of confinement. On appeal, she contends that the district court abused its discretion by imposing an excessive sentence, arguing that the court instead should have placed her on probation under a suspended sentence. We affirm.

Hostetler’s sentence is within the statutory maximum of ten years authorized for this crime. I.C. § 18-1501(1). An appellate review of a sentence is based on an abuse of discretion standard. State v. Wolfe, 99 Idaho 382, 582 P.2d 728 (1978). If the sentence is not illegal, the appellant has the burden to show that it is unreasonable, and thus a clear abuse of discretion. State v. Brown, 121 Idaho 385, 393, 825 P.2d 482, 490 (1992). A sentence may represent such an abuse if it is shown to be unreasonable upon the facts of the case. State v. Nice, 103 Idaho 89, 645 P.2d 323 (1982). A sentence of confinement is reasonable if it appears at the time that confinement is necessary “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). The choice of probation, among the available sentencing alternatives, is committed to the sound discretion of the trial court. Id. at 567, 650 P.2d at 709. The denial of probation will not be deemed an abuse of discretion if the decision is consistent with the criteria articulated in I.C. § 19-2521. Id.

In reviewing a sentence imposed under the Unified Sentencing Act, we treat the minimum period specified by the sentencing judge as the probable duration of confinement. I.C. § 19-2513; State v. Sanchez, 115 Idaho 776, 769 P.2d 1148 (Ct.App.1989). Thus, we view Hostetler’s actual term of confinement as three years. Hostetler must establish that under any reasonable view of the facts a period of confinement of three years for her felony conviction for permitting injury to a child was an abuse of discretion.

On review of a sentence, we conduct an independent examination of the record, focusing upon the nature of the offense and the character of the offender. State v. Reinke, 103 Idaho 771, 653 P.2d 1183 (Ct.App.1982). The nature of the offense in [193]*193this case encapsulates a tragic event. The victim, Hostetler’s twenty-seven-month-old daughter, Amanda, was left by Hostetler at her home in the care of Hostetler’s live-in boyfriend while Hostetler went to wash clothes at a nearby laundromat. When Hostetler returned home, the paramedics were there performing CPR on Amanda. Amanda died and the autopsy report indicated that her death was caused by a blow to her intestinal lining.

Hostetler and her boyfriend were charged with felony injury to a child. Specifically, the charge against Hostetler alleged that, under circumstances likely to cause great bodily harm or death, she had permitted Amanda to be placed in a situation such that the child’s health was endangered. Evidence submitted at the sentencing hearing indicated that Hostetler often neglected the child and did not provide continuous parental care to the child during the several months preceding its death. Hostetler was twenty-one years old at the time she was sentenced in August, 1992.

At the sentencing hearing, counsel for Hostetler urged that the court consider probation with psychological treatment. The prosecutor also recommended that Hostetler be placed on probation. Instead, after clearly explaining that the defendant was not being sentenced for the death of her child, the court imposed a unified nine-year sentence with a minimum term of confinement of three years.

On appeal, Hostetler asserts that her sentence is excessive based upon her character, her lack of a criminal record, the lack of rehabilitative therapy available in prison, the alleged biased statements of the presentence investigator, the testimony of psychiatrists and the psychological evaluations presented at the sentencing hearing, the specific nature of the crime to which she pled guilty, and the belief that she is not a threat to society. These underlying factors all were considered by the district court during the sentencing process. Regardless of how this Court would view that same information to arrive at an appropriate sentence, the dispositive question is whether the district court, functioning in its role as the sentencing court, abused its discretion. We previously have noted that sentencing determinations are never made with precision; in deference to the discretionary authority of the trial court, an appellate court will not substitute its view for that of the trial court where reasonable minds might differ. State v. Toohill, supra.

In choosing to impose a sentence of incarceration rather than releasing Hos-tetler on probation, the district court evaluated the case under the guidelines of I.C. § 19-2521. The judge found there was an undue risk that the defendant would commit another crime; that she was in need of correctional treatment which may be provided by her commitment to an institution; that a lesser sentence would depreciate the seriousness of the crime; that imprisonment would provide appropriate punishment and deterrence to the defendant and to other persons in the community; that the defendant’s criminal conduct caused or threatened harm to the child; that the defendant had a total disregard for her daughter’s safety and well-being; and that there appeared no provocation or justification for the defendant’s lack of care for her child. The court’s decision not to place Hostetler on probation thus was properly reached after due consideration of the applicable criteria and will not be deemed an abuse of discretion. Toohill, supra.

The court specifically considered the four sentencing objectives in imposing criminal punishment, expressing those objectives as: (1) protection of society; (2) deterrence of the individual and the public generally; (3) the possibility of rehabilitation; and (4) vindication of the victim, reassuring society, and imposing just moral blame. The court concluded that

General deterrence is important in this case. Miss Hostetler has given a clear message of disregard for the safety of a 27-month-old child. The court feels compelled to send an equally clear message to those individuals who have custody of small children. The message is [194]*194that such negligence will not be tolerated.
Now having decided and announced that the defendant is going to be incarcerated, the hard part is determining what is an appropriate period of incarceration. Here the court is guided by two factors: First, in this type of case it is important to consider society’s demands as set forth in the laws of this state.

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Related

State v. Reinke
653 P.2d 1183 (Idaho Court of Appeals, 1982)
State v. Nice
645 P.2d 323 (Idaho Supreme Court, 1982)
State v. Toohill
650 P.2d 707 (Idaho Court of Appeals, 1982)
State v. Wolfe
582 P.2d 728 (Idaho Supreme Court, 1978)
State v. Sanchez
769 P.2d 1148 (Idaho Court of Appeals, 1989)
State v. Brown
825 P.2d 482 (Idaho Supreme Court, 1992)

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Bluebook (online)
858 P.2d 331, 124 Idaho 191, 1993 Ida. App. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hostetler-idahoctapp-1993.