State v. Jeffs

95 P.3d 84, 140 Idaho 466, 2004 Ida. App. LEXIS 62
CourtIdaho Court of Appeals
DecidedJune 28, 2004
Docket29593
StatusPublished
Cited by3 cases

This text of 95 P.3d 84 (State v. Jeffs) 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. Jeffs, 95 P.3d 84, 140 Idaho 466, 2004 Ida. App. LEXIS 62 (Idaho Ct. App. 2004).

Opinion

PERRY, Judge.

Mark Jeffs appeals from the district court’s order of probation, arguing that the district court exceeded its statutory authority in ordering that he pay, as restitution, child support for the child he fathered in an amount that did not reflect the victim’s actual losses and that the district court improperly delegated its authority to set the amount of restitution. Jeffs also asserts that the district court abused its discretion by ordering that the child support obligation would continue for the duration of his probation even if his parental rights are terminated. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

In 2001, Jeffs was charged with one count of lewd conduct with a minor under the age of sixteen. I.C. § 18-1508. The charge was filed after Jeffs engaged in intercourse with his son’s fifteen-year-old girlfriend, M.B., who consequently became pregnant with Jeffs’s child. Jeffs pled guilty, and the district court imposed a unified sentence of fifteen years, with a minimum period of confinement of five years. However, the district court retained jurisdiction for 180 days and, at the expiration of that time, suspended Jeffs’s sentence and placed him on probation for fifteen years.

At the hearing in which Jeffs was placed on probation, the district court ordered, as a term of probation, that Jeffs pay “restitution” in the form of child support in an amount to be fixed by the court that had jurisdiction over the child. The district court further ordered that, even if Jeffs’s parental rights are terminated, his child support obligation would continue until the expiration of his probation.

Jeffs appeals, arguing that the district court exceeded its statutoiy authority in ordering, as a term of his probation, that he pay restitution in an amount that did not reflect the victim’s actual losses and that the district court improperly delegated the authority to set the amount of restitution. Jeffs also asserts that the district court abused its discretion by ordering that the restitution obligation would continue even if his parental rights are terminated.

II.

ANALYSIS

A. Statutory Authority

Jeffs argues that the district court exceeded its statutory authority by ordering him to pay restitution in the form of child support because I.C. § 19-5304 only authorizes restitution for actual losses. Jeffs asserts that the district court erroneously ordered that he pay restitution that reflected future losses and not losses the victim actually suffered.

Orders for the payment of restitution to crime victims are governed by I.C. § 19-5304. However, the Idaho Supreme Court recently addressed the application of I.C. § 19-5304 to an order of restitution as a term of probation. See State v. McCool, 139 Idaho 804, 87 P.3d 291 (2004). In McCool, the defendant was placed on probation for possession of methamphetamine and, as a *468 term of probation, was ordered to reimburse the prosecuting attorney’s office and the county clerk for counseling services she received while she was a participant in drug court. In analyzing the case, the Supreme Court reviewed the statutes governing restitution, I.C. §§ 19-5302, 19-5304, and 19-5305. Idaho Code Section 19-5302 allows a court to order the defendant to pay restitution to the victim or victims injured by the defendant’s conduct. Section 19-5304(2) provides that an “order of restitution shall be a separate written order in addition to any other sentence the court may impose.” Section 19-5305 states that, “after forty-two (42) days from the entry of the order of restitution or at the conclusion of a hearing to reconsider an order of restitution, whichever occurs later, an order of restitution may be recorded as a judgment and the victim may execute as provided by law for civil judgments.” The Supreme Court held in McCool that, although the district court ordered restitution pursuant to Section 19-5302, because no separate civil judgment was entered against the defendant, Sections 19-5302, 19-5304, and 19-5305 were inapplicable. The Court determined that the issue on appeal therefore was whether the district court erred in ordering reimbursement of counseling costs as a condition of probation pursuant to I.C. § 19-2601(2).

In the present case, the district court stated that it was ordering Jeffs to pay “restitution” in the form of child support. However, the order of probation did not indicate that the child support was ordered pursuant to I.C. § 19-5304 and the district court did not enter a separate restitution order or civil judgment. Therefore, based upon the Idaho Supreme Court’s analysis in McCool, we must address Jeffs’s appeal under the standards set forth in I.C. § 19-2601(2).

Idaho Code Section 19-2601(2) provides that, when sentencing a defendant, the district court, in its discretion, may suspend the execution of the judgment and “place the defendant on probation under such terms and conditions as it deems necessary and expedient.” “It is apparent from the broad language of I.C. § 19-2601 that the legislature intended the courts to have maximum flexibility to fashion the sentence most appropriate to the individual defendant. The statute therefore must be liberally construed.” State v. Wagenius, 99 Idaho 273, 279, 581 P.2d 319, 325 (1978). A condition of probation must be reasonably related to the purpose of probation, rehabilitation. McCool, 139 Idaho at 807, 87 P.3d at 294; State v. Cross, 105 Idaho 494, 495, 670 P.2d 901, 902 (1983).

It has been held that the payment of court costs and victim compensation are proper and often very useful conditions of withheld judgments and probation. See Wagenius, 99 Idaho at 279, 581 P.2d at 325; Cross, 105 Idaho at 496, 670 P.2d at 903; State v. Geier, 109 Idaho 963, 966, 712 P.2d 664, 667 (Ct.App.1985). A victim reimbursement requirement “facilitates rehabilitation by confronting the defendant with the consequences of his or her criminal conduct and forcing the defendant to accept financial responsibility for the resulting harm.” State v. Breeden, 129 Idaho 813, 816, 932 P.2d 936, 939 (Ct.App.1997). It also “promotes public safety by exacting a ‘price’ for the crime, which may deter the defendant and others from such offenses.” Id. at 816, 932 P.2d at 939. Additionally, victim compensation “must be directed toward correcting a harm or paying a cost that results from the defendant’s crime.” State v. Wardle, 137 Idaho 808, 811, 53 P.3d 1227, 1230 (Ct.App.2002).

In McCool, the Idaho Supreme Court had to determine whether the district court erred in ordering the defendant to reimburse counseling costs as a condition of her probation. In reaching its decision to uphold the district court, the Supreme Court stated:

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Bluebook (online)
95 P.3d 84, 140 Idaho 466, 2004 Ida. App. LEXIS 62, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jeffs-idahoctapp-2004.