State v. Pauls

101 P.3d 235, 140 Idaho 742, 2004 Ida. App. LEXIS 94
CourtIdaho Court of Appeals
DecidedNovember 4, 2004
Docket29791
StatusPublished
Cited by2 cases

This text of 101 P.3d 235 (State v. Pauls) 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. Pauls, 101 P.3d 235, 140 Idaho 742, 2004 Ida. App. LEXIS 94 (Idaho Ct. App. 2004).

Opinion

PERRY, J.

Autumn Marie Pauls appeals from her judgment of conviction and sentence for first degree murder. Specifically, Pauls challenges the district court’s order clarifying her sentence and remanding her into the custody of the Idaho Department of Correction (IDOC). For the reasons set forth below, we vacate and remand only for resentencing.

I.

FACTS AND PROCEDURE

At age fifteen, Pauls assisted her aunt in killing the girlfriend of her aunt’s estranged husband. Pauls obtained methamphetamine and recruited her ex-boyfriend to help with the murder. On the day of the murder, Pauls, her aunt, and her ex-boyfriend drove to the victim’s home and, while the victim was being held down, Pauls’s aunt injected the victim with a lethal dose of insulin and methamphetamine.

Pauls was charged with first degree murder and conspiracy to commit first degree murder. The state filed a notice of intent to seek the death penalty. Pursuant to a plea agreement, Pauls pled guilty to one count of first degree murder, I.C. § 18-4001, in exchange for the state withdrawing its notice of intent to seek the death penalty and dismissing the conspiracy charge.

At sentencing, the district court found that it would be inappropriate to sentence Pauls pursuant to adult sentencing measures under I.C. § 20-509(3) 1 Additionally, it found that it would be inappropriate to sentence Pauls in accordance with juvenile sentencing options pursuant to I.C. § 20-509(4)(a). Thus, the district court sentenced Pauls to life imprisonment, with a minimum period of confinement of twelve years. The district court suspended the sentence, pursuant to I.C. § 20-509(4)(b), and placed Pauls on probation in the custody of the Idaho Department of Juvenile Correction (IDJC). The district court listed the following conditions of Pauls’s probation:

1. [Pauls] shall comply with all reasonable program requirements of the State of Idaho Department of Juvenile Corrections and;
2. [Pauls] shall agree upon the return from the State of Idaho Department of Juvenile Corrections on your 21st birthday or before to be sentenced for the remain *744 der of your determinate twelve (12) year term in the custody of the Idaho Department of Corrections.
3. [Pauls] shall pay $39,642.83 to Victims Compensation Program joint and several with co-defendants ...

Pauls accepted these terms.

The IDJC periodically provided the district court with progress reports about Pauls and her involvement in various programs. Approximately two and a half years after the sentencing, the IDJC issued a progress report declaring that Pauls “has demonstrated that she is prepared to return to the community and resume the responsibilities of a productive member of society.” As a result of the final progress report, the IDJC advised the district court that it would be releasing Pauls from its custody.

The district court held a hearing to prevent Pauls’s release and to clarify her sentence. Following the hearing, the district court entered an order remanding Pauls to the custody of the IDOC. Pauls appeals.

Pauls argues that the district court erred by revoking her probation and imposing a previously suspended sentence when there had been no allegation of any violations of the program requirements. Specifically, Pauls contends that the district court acted in contravention of I.C. § 20-509 because the statute does not permit the previously suspended portion of Pauls’s sentence to be executed when there is no allegation that Pauls violated the terms of her probation.

II.

ANALYSIS

The district court sentenced Pauls pursuant to I.C. § 20-509(4), which provides:

Upon the conviction of a juvenile pursuant to this section, the sentencing judge may, if a finding is made that adult sentencing measures would be inappropriate:
(a) Sentence the convicted person in accordance with the juvenile sentencing options set forth in this chapter; or
(b) Sentence the convicted person to the county jail or to the custody of the state board of correction but suspend the sentence or withhold judgment pursuant to section 19-2601, Idaho Code, and commit the defendant to the custody of the department of juvenile corrections for an indeterminate period of time in accordance with section 20 — 520(l)(q), Idaho Code. The court, in its discretion, may order that the suspended sentence or withheld judgment be conditioned upon the convicted person’s full compliance with all reasonable program requirements of the department of juvenile corrections. Such a sentence may also set terms of probation, which may be served under the supervision of county juvenile probation. However, in no event may the total of the actual time spent by the convicted person in the custody of the department plus any adult sentence imposed by the court exceed the maximum period of imprisonment that could be imposed on an adult convicted of the same crime.
(c)If a convicted person is given a suspended sentence or withheld judgment conditioned upon the convicted person’s compliance with all reasonable program requirements of the department pursuant to paragraph (b) of this subsection, and if the department reasonably believes that the convicted person is failing to comply with all reasonable program requirements, the department may petition the sentencing court to revoke the commitment to the department and transfer the convicted person to the county jail or to the custody of the state board of correction for the remainder of the sentence.

Pauls contends that under Section 20-509, a sentencing court may select one of three available options, sentence the juvenile as an adult under Section 20-509(3), sentence the juvenile according to juvenile sentencing options under Section 20-509(4)(a), or sentence the juvenile under Section 20-509(4)(b). Pauls asserts that the district court sentenced her under subsection (b) and, then, after the hearing, revoked her probation and imposed the suspended portion of her adult sentence even though she complied with all program requirements of the IDJC. The state argues that, under Pauls’s interpretation — that the district court placed her on *745 probation and that she could not be ordered to serve the remainder of her sentence in the absence of a violation of that probation — the sentence would be illegal because, under I.C. § 19-2601, a court may not suspend a sentence and place a defendant on probation for murder.

This Court exercises free review over the application and construction of statutes. State v. Reyes, 139 Idaho 502, 505, 80 P.3d 1103, 1106 (Ct.App.2003). Where the language of a statute is plain and unambiguous, this Court must give effect to the statute as written, without engaging in statutory construction. State v. Rhode, 133 Idaho 459, 462, 988 P.2d 685, 688 (1999); State v. Burnight, 132 Idaho 654, 659,

Related

State v. Doe
207 P.3d 974 (Idaho Supreme Court, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
101 P.3d 235, 140 Idaho 742, 2004 Ida. App. LEXIS 94, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pauls-idahoctapp-2004.