State v. Jason Zane Garner

390 P.3d 434, 161 Idaho 708, 2017 WL 772631, 2017 Ida. LEXIS 63
CourtIdaho Supreme Court
DecidedFebruary 28, 2017
DocketDocket 43493/43494
StatusPublished
Cited by23 cases

This text of 390 P.3d 434 (State v. Jason Zane Garner) 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. Jason Zane Garner, 390 P.3d 434, 161 Idaho 708, 2017 WL 772631, 2017 Ida. LEXIS 63 (Idaho 2017).

Opinion

BRODY, Justice

Appellant Jason Zane Gamer appeals the district court order revoking his probation and reinstating his sentence.

I. FACTUAL AND PROCEDURAL BACKGROUND

Garner was charged with three counts of possession of a controlled substance, possession of a controlled substance with intent to deliver, unlawful possession of a firearm, use of a firearm and/or a deadly weapon during the commission of a crime and stalking, all felonies. Pursuant to a plea agreement, he pleaded guilty to one count each of possession of a controlled substance and possession with intent to deliver and entered an Alford 1 plea on the stalking charge. For the drug offenses, Garner received a sentence of two five-year terms of imprisonment, with three years fixed, to be served concurrently. For stalking, Garner received a five-year sentence, with three years fixed, to run consecutively. The district court retained jurisdiction and Gamer was assigned to the Correctional Aternative Placement Program for treatment. Gamer completed his rider program successfully.

Following his completion of the rider program, Garner was placed on supervised probation for five years. The terms of his proba *710 tion included, among other things, that he: (i) not leave the Third Judicial District (Adams, Gem, Canyon, Owyhee, Payette and Washington counties) without written permission from his probation officer; (ii) abide by the No Contact Order entered in the stalking case; and (iii) follow the instructions of his probation officer.

In May 2015, the stalking victim saw Garner outside Albertson’s in Boise. The victim exited her workplace and recognized Garner’s Toyota truck about thirty yards away in the parking lot in front of the grocery store. She took pictures of the truck (which were clear enough to reveal his license plate), then left the scene and notified police. Although she did not approach the truck or speak with Garner, she later testified that he was sitting in his truck and appeared to be smiling at her in the rearview mirror. A few days later, the victim reported to police that her neighbors had seen Garner driving past her house repeatedly.

Following this incident, an arrest warrant was issued for Garner for allegedly violating the terms of probation. Two hearings were subsequently conducted by two different district judges. One judge conducted an eviden-tiary hearing. A second judge conducted the disposition hearing. At the disposition hearing, Garner’s probation officer testified that Garner changed his story repeatedly when asked about his presence in Boise and did not take responsibility for his actions. When asked if Garner’s behavior merited imposition of the sentence (or whether he should be placed on another rider), the probation officer testified that further efforts to rehabilitate Garner would likely be unsuccessful. The district court imposed the entire ten-year term of imprisonment, with six years fixed. Garner filed a Rule 35 motion to reduce his sentence. Because Garner did not produce any new or additional evidence to support the motion, it was denied. Garner timely appealed.

II. ISSUES PRESENTED ON APPEAL

1. Whether Idaho Criminal Rule 33(f) properly limits the grounds upon which a court can revoke probation.
2. Whether there was substantial and competent evidence to support the district court’s revocation of Gamer’s probation.

III. STANDARD OF REVIEW

Review of a probation revocation proceeding involves a two-step analysis. State v. Sanchez, 149 Idaho 102, 105, 233 P.3d 33, 36 (2009); State v. Knutsen, 138 Idaho 918, 923, 71 P.3d 1065, 1070 (Ct. App. 2003). First, it is determined whether the terms of probation have been violated. Sanchez, 149 Idaho at 105, 233 P.3d at 36. If they have, it is then determined whether the violation justifies revocation of the probation. Knutsen, 138 Idaho at 923, 71 P.3d at 1070.

With regard to the first step, a district court may revoke probation only upon evidence that the probationer has violated probation.... A court’s finding that a violation has been proved will be upheld on appeal if there is substantial evidence in the record to support the finding....
As to the second step, the decision whether to revoke a defendant’s probation for a violation is within the discretion of the district court. Thus, we review a district court’s decision to revoke probation under an abuse of discretion standard.

Id. “In determining whether the district court abused its discretion, this Court considers (1) whether the trial court understood the issue as discretionary; (2) whether the trial court acted within its discretionary scope and under applicable legal standards; and (3) whether the trial court exercised reason,” State v. Easley, 156 Idaho 214, 218, 322 P.3d 296, 300 (2014).

“This Court exercises free review over the application and construction of statutes.” State v. Two Jinn, Inc., 148 Idaho 706, 708, 228 P,3d 387, 389 (2010). “When interpreting a statute, the Court begins with an examination of the literal words of the statute.” State v. Burnight, 132 Idaho 654, 659, 978 P.2d 214, 219 (1999). “The language of the statute is to be given its plain, obvious and rational meaning.” Id. “Where the language of a statute is plain and unambiguous, this Court must give effect to the statute as written, without engaging in statutory con *711 struction.” Two Jinn, 148 Idaho at 708, 228 P.3d at 389.

“When a statute and a rule can be reasonably interpreted so that there is no conflict between them, they should be so interpreted rather than interpreted in a way that results in conflict.” Id. at 709, 228 P.3d at 390. “When there is a conflict between a statute and a criminal rule, this Court must determine whether the conflict is one of procedure or one of substance; if the conflict is procedural, the criminal rule will prevail.” State v. Johnson, 145 Idaho 970, 974, 188 P.3d 912, 916 (2008). On the other hand, when the conflict is substantive, the statute will prevail. Two Jinn, 148 Idaho at 709, 228 P.3d at 390; see also State v. Beam, 121 Idaho 862, 828 P.2d 891 (1992).

IV. ANALYSIS

A. Rule 33(f) can be read together with Idaho statutes governing revocation of probation without conflict.

The State challenges whether Idaho Criminal Rule 33(f) can be read in harmony with Idaho statutes governing revocation of probation.

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Cite This Page — Counsel Stack

Bluebook (online)
390 P.3d 434, 161 Idaho 708, 2017 WL 772631, 2017 Ida. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jason-zane-garner-idaho-2017.