State v. Robison

811 P.2d 500, 119 Idaho 890, 1991 Ida. App. LEXIS 91
CourtIdaho Court of Appeals
DecidedMay 1, 1991
DocketNo. 18744
StatusPublished
Cited by2 cases

This text of 811 P.2d 500 (State v. Robison) 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. Robison, 811 P.2d 500, 119 Idaho 890, 1991 Ida. App. LEXIS 91 (Idaho Ct. App. 1991).

Opinion

SILAK, Judge.

Ricky Robison pled guilty to one count of injuring another by the reckless handling of a firearm, I.C. § 18-3312, one count of aggravated assault on a police officer, I.C. §§ 18-905, 18-915, and one count of resisting and obstructing a police officer, I.C. § 18-705. The district court sentenced Robison to six months in jail for the first count and one year in jail for the third count; however, the district court imposed a unified sentence of ten years in the custody of the Board of Correction with a minimum period of confinement of five years for Robison’s aggravated assault upon a police officer. Robison does not challenge the imposition of the two jail sentences; he challenges only the imposition of the prison sentence. He argues that the district court abused its discretion by refusing to impose a suspended sentence and place him on probation. Robison argues that the district court disregarded evidence of Robison’s suitability for rehabilitation and imposed the sentence with concern only for the goals of retribution and deterrence. For the reasons stated below, we affirm.

On August 2, 1989, the police chief for the city of Shoshone, a second police officer, and two emergency medical technicians (EMTs) went to Robison’s trailer-home in response to a call to the 911 emergency dispatch service. When they arrived, they found that Robison’s live-in girlfriend (hereinafter referred to as the “victim”) had been shot in the head and was unconscious. According to one of the EMTs, who later testified at Robison’s sentencing hearing, the victim appeared to be dying.

The EMTs attempted to help the victim. Robison, apparently distraught because of the victim’s condition, began behaving in an erratic manner. He went to the bedroom and got a gun. When he came out, he pointed the gun alternately at himself and at all the other persons in the room. According to testimony at the sentencing hearing, Robison pointed the weapon back and forth between the EMTs and the police in a slow, deliberate movement. He pointed it at one police officer three times. At the sentencing hearing, the EMT testified that it appeared that Robison “was going to shoot wherever the gun [was] pointing. [H]e didn’t care how many people he shot at that night if there was no point in living. He had no regard for my life, either.”

During the time the police were talking to Robison and attempting to disarm him, the EMTs were afraid to move. Consequently, the victim, who was bleeding from a gunshot wound to the head, did not receive treatment for three to four minutes. The police officers eventually disarmed Robison and attempted to handcuff him. A scuffle ensued outside the trailer and the officers finally subdued him.

Robison originally was charged with one count of attempted murder, one count of assault on a police officer, and three counts of battery on a police officer. After plea negotiations, an I.C.R. 11 agreement was entered into, and Robison pled guilty to one count of injuring another by the reckless handling of a firearm, one count of assault on a police officer, and one count of resisting and obstructing a police officer.

A presentence investigation report indicated that Robison had a blood alcohol concentration of .14% at the time he was arrested. Robison admitted having been drinking at a bar earlier on the night of the incident. Robison has had four other minor conflicts with the law, all of them involving alcohol or the use of controlled substances. A letter from the victim which was attached to the presentence report stated that Robison had a drinking problem and an obsession with guns.

Robison maintained that he did not remember what happened that night. He initially told the emergency 911 dispatch service that the victim had shot herself. He said that when the police came, he was in a state of shock and that he must have gone “berserk.” He said, “I loved her so much I wanted to die too.”

The presentence report indicates that Robison comes from a stable family situation. He has a good relationship with both his mother and father. He has been married [893]*893once before but maintains a friendly relationship with his ex-wife and is conscientious about providing financial support for the daughter of that marriage. Robison was honorably discharged from the armed forces in 1982 and maintained steady employment until the time this incident occurred.

Robison does not claim that his sentence for aggravated assault on a police officer exceeds the statutory maximum. The maximum sentence for this felony is ten years. I.C. § 18-915(b); see also I.C. § 18-906. The primary responsibility for sentencing rests within the discretion of the trial judge. State v. Delin, 102 Idaho 151, 152, 627 P.2d 330, 331 (1981). In evaluating sentences imposed under the Unified Sentencing Act, I.C. § 19-2513, the minimum fixed period generally will be treated as the probable measure of confinement for the purpose of sentence review. State v. Sanchez, 115 Idaho 776, 777, 769 P.2d 1148, 1149 (Ct.App.1989); see also State v. Kysar, 116 Idaho 992, 783 P.2d 859 (1989). We will not speculate as to a possible term of confinement beyond the minimum term because the Commission of Pardons and Parole is vested with the discretion to grant or deny parole at any time after the completion of the fixed term until the expiration of the indeterminate term. I.C. § 19-2513; see State v. Bartlett, 118 Idaho 722, 800 P.2d 118 (Ct.App.1990). Because Robison’s sentence is within the statutory maximum, we will uphold it on appeal unless our review of the record indicates that the sentencing court abused its discretion. State v. Nice, 103 Idaho 89, 90, 645 P.2d 323, 324 (1982).

Robison contends that there was not sufficient evidence before the court to establish that a suspended sentence and probation would be inappropriate. He asserts an abuse of discretion in the decision of the district court not to place him on probation. In State v. Chapel, 107 Idaho 193, 194, 687 P.2d 583, 584 (Ct.App.1984), we addressed this issue as follows:

The purpose of the retained jurisdiction statute, I.C. § 19-2601(4), is to allow the trial court additional time to evaluate the defendant’s rehabilitation potential and suitability for probation. Probation is the ultimate objective sought by a defendant who asks a court to retain jurisdiction. State v. Toohill, 103 Idaho 565, 567, 650 P.2d 707, 709 (Ct.App.1982). The choice of probation is committed to the sound discretion of the trial court. Id. The standard of review of sentencing decisions, including those where probation is an issue, is the “clear abuse of discretion” standard. The “clear abuse” standard should focus on the criteria set forth in I.C. § 19-2521. Refusal to retain jurisdiction will not be deemed a “clear abuse of discretion” if the trial court has sufficient information to determine that a suspended sentence and probation would be inappropriate under I.C. § 19-2521. Id.

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Bluebook (online)
811 P.2d 500, 119 Idaho 890, 1991 Ida. App. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robison-idahoctapp-1991.