State v. Stewart

833 P.2d 917, 122 Idaho 284, 1992 Ida. App. LEXIS 112
CourtIdaho Court of Appeals
DecidedJune 2, 1992
DocketNo. 19590
StatusPublished
Cited by5 cases

This text of 833 P.2d 917 (State v. Stewart) 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. Stewart, 833 P.2d 917, 122 Idaho 284, 1992 Ida. App. LEXIS 112 (Idaho Ct. App. 1992).

Opinion

SILAK, Judge.

John Stewart pled guilty to a charge of driving without privileges, I.C. § 18-8001, a misdemeanor, and was sentenced to six months in the county jail, with a $500 fine, and a six-month suspension of his license. The magistrate suspended all but 90 days of the jail sentence and placed Stewart on probation for two years. The magistrate also suspended all of the fine, but imposed court costs of $47.50. Stewart subsequently applied for appointment of counsel to represent him on an I.C.R. 35 motion and on appeal. The magistrate appointed a [285]*285public defender to represent Stewart, but ordered that Stewart at the conclusion of the case reimburse the county for the services of the public defender. On appeal, the district court affirmed Stewart’s sentence. Stewart appeals from the district court’s decision, asserting that the magistrate abused his sentencing discretion and erred by ordering reimbursement for the public defender’s services. For the reasons set forth below, we affirm.

FACTS AND PROCEDURAL BACKGROUND

On November 9, 1990, Stewart was arrested in Idaho for driving while his license was suspended. When Stewart failed to appear on the charge, the magistrate forfeited Stewart’s bond and issued a bench warrant for his arrest. After Stewart appeared before the magistrate on December 3, 1990, the magistrate quashed the bench warrant, reinstated Stewart’s bond, and gave him two weeks to decide how he would plead. Stewart again failed to appear at a hearing scheduled for December 18, 1990, and the magistrate once again ordered that Stewart’s bond be forfeited and issued another bench warrant. On March 11,1991, Stewart’s bond insurer surrendered him to the magistrate, and at a hearing held that same day, Stewart entered a plea of guilty to the charge of driving without privileges (DWP). After accepting Stewart’s plea, the magistrate questioned Stewart regarding his criminal record and the numerous times he had failed to appear for hearings on past and current charges. After hearing Stewart’s explanation of these issues, the magistrate sentenced Stewart as indicated above.

Subsequently, Stewart filed a motion for reconsideration of his sentence under I.C.R. 35, and applied for appointment of counsel to represent him at public expense. At that time Stewart was sworn and examined by the magistrate regarding his ability to pay for counsel. After this examination, the magistrate appointed a public defender to represent Stewart at public expense, but ordered Stewart to reimburse the county for the services of the public defender at the conclusion of the case. A hearing was later held on Stewart’s Rule 35 motion. At the conclusion of the hearing, the magistrate denied the motion to reconsider Stewart’s sentence.

Stewart then appealed to the district court, claiming that the magistrate abused his sentencing discretion. The district court upheld the magistrate’s judgment and order. Stewart raises the same issue on appeal to this Court, and asserts the magistrate erred in ordering reimbursement to the county of public defender costs.

In this appeal, we are asked to review the appellate decision of the district court. In conducting this review we examine the record of the magistrate independently of, but with due regard for, the district court’s decision. State v. Van Sickle, 120 Idaho 99, 101, 813 P.2d 910, 912 (Ct.App.1991). “Based on our review of the magistrate’s findings and conclusions, we will affirm or reverse the district court’s appellate decision accordingly.” Id.

1. Review of Sentence. “[I]f a sentence is within the statutory maximum, it will not be disturbed on appeal unless the appellant affirmatively shows a ‘clear abuse of discretion.’ ” State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct.App.1982) (citing State v. Cotton, 100 Idaho 573, 602 P.2d 71 (1979)). Idaho Code § 18-8001(3) provides that the maximum sentence for driving without privileges is six months in jail, a $500 fine, and suspension of driving privileges for six months following the end of any period of suspension, disqualification or revocation existing at the time of the violation. Because Stewart’s sentence is within this statutory maximum, we review his sentence under the clear abuse of discretion standard.

On appeal, Stewart bears the burden of showing that his sentence is a clear abuse of discretion. State v. Delin, 102 Idaho 151, 627 P.2d 330 (1981). To carry this burden, Stewart must show that his sentence is unreasonable upon the facts of the case. State v. Broadhead, 120 Idaho 141, 145, 814 P.2d 401, 405 (1991); State v. [286]*286Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct.App.1982) (citing State v. Nice, 103 Idaho 89, 645 P.2d 323 (1982)). A sentence is unreasonable, and thus an abuse of discretion, if it is longer than necessary to accomplish the primary sentencing objective of protecting society and to achieve any or all of the related sentencing goals of deterrence, rehabilitation or retribution applicable to a given case. Toohill, 103 Idaho at 568, 650 P.2d at 710. In determining whether a sentence is longer than necessary to achieve these sentencing goals we consider the actual term of confinement imposed in light of the nature of the offense, the character of the offender, and the protection of the public interest. State v. Shideler, 103 Idaho 593, 594, 651 P.2d 527, 528 (1982); State v. Reinke, 103 Idaho 771, 772, 653 P.2d 1183, 1184 (Ct.App.1982). In reviewing a sentence under the abuse of discretion standard, we will not substitute our view for that of the sentencing judge where reasonable minds might differ. Toohill, 103 Idaho at 568, 650 P.2d at 710.

In view of the facts and law recited above, we must determine whether a sentence of 90 days confinement is unreasonable in light of the nature of Stewart’s offense, his character, and the sentencing objectives outlined in Toohill. We first consider the nature of Stewart’s offense. Stewart pled guilty to driving without privileges, which offense he committed by driving a motor vehicle upon a highway of the state with knowledge that his license to drive was suspended by the state of Washington. I.C. § 18-8001(1). In considering the seriousness of this offense, we note that our legislature has provided that a first time offender shall receive a mandatory sentence of between two days and six months in jail and suspension of his driving privileges for an additional six months following the end of any period of suspension existing at the time of the violation. The sentencing court may also fine the offender up to $500. I.C. § 18-8001(2). We note that while the magistrate initially gave Stewart the maximum sentence for a first offense, the magistrate also suspended half of the jail time and all of the fine.

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Cite This Page — Counsel Stack

Bluebook (online)
833 P.2d 917, 122 Idaho 284, 1992 Ida. App. LEXIS 112, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stewart-idahoctapp-1992.