State v. Urias

852 P.2d 503, 123 Idaho 751, 1993 Ida. App. LEXIS 60
CourtIdaho Court of Appeals
DecidedApril 26, 1993
DocketNo. 19862
StatusPublished
Cited by4 cases

This text of 852 P.2d 503 (State v. Urias) 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. Urias, 852 P.2d 503, 123 Idaho 751, 1993 Ida. App. LEXIS 60 (Idaho Ct. App. 1993).

Opinion

WALTERS, Chief Judge.

This is a sentence review. The defendant-appellant, Frank Paul Urias, challenges the district court’s order relinquishing its retained jurisdiction and denying probation, the order denying Urias’ request to be transported to the hearing on his Rule 35 motion, and the amended judgment of conviction, entered after consideration of Urias’ motion for reduction of sentence. For the reasons explained below, we affirm.

Facts and Procedural Background

Based upon evidence that he gave cocaine to three young men, Urias was charged with and pled guilty to delivery of a controlled substance. For this offense, the district court sentenced Urias to seven years in the custody of the Board of Correction, with a minimum term of three years’ confinement. The court denied Urias’ initial request for probation. However, pursuant to I.C. § 19-2601(4), the court retained jurisdiction over Urias for 120 days with the view that at the end of this period, the court would revisit its decision to confine Urias and possibly place him on probation. Urias then was sent to the North Idaho Correctional Institution (NICI) for evaluation. Based upon an unfavorable report and recommendation from NICI, the district court chose to adhere to its original decision and, on December 5, 1991, entered an order relinquishing its jurisdiction. Eight days later, Urias filed a motion seeking relief under Idaho Criminal Rule 35. Anticipating that an evidentiary hearing would be granted, Urias also moved for an order that he be transported from NICI to attend the hearing. On December 17,1991, the district court held a hearing to determine whether to grant Urias’ motion for transport. After considering arguments on the motion to transport, the court agreed to allow counsel to orally argue the Rule 35 motion, but directed that any testimony be submitted in the form of written affidavits. The court also held that Urias’ physical presence at the Rule 35 hearing would not be necessary, and accordingly denied his motion for transport.

The Rule 35 motion was argued on February 10, 1992. Counsel for Urias asked the court to reconsider and to reverse its earlier order relinquishing juris[754]*754diction,1 and, in the alternative, to reduce the fixed portion of Urias’ term of confinement. At the conclusion of that hearing, the court amended the judgment of conviction to reduce the fixed portion of Urias’ sentence from three to two years, thus reducing his overall sentence from seven to six years. Urias filed this appeal.

Issues Presented and Standard of Review

Properly stated, the issues raised by Urias in this appeal are (1) whether the district court erred by relinquishing jurisdiction; (2) whether the court erred in denying Urias’ request to be present and testify at his Rule 35 hearing; and (3) whether Urias’ amended sentence of six years, with a minimum period of two years’ confinement, was excessive in light of tjie information presented with his Rule 35 motion. All of these issues are reviewed on appeal under an abuse of discretion standard. I.C. § 19-2521; see, e.g., State v. Snow, 120 Idaho 277, 815 P.2d 475 (Ct.App. 1991) (refusal to grant probation); State v. Morrison, 119 Idaho 229, 804 P.2d 1360 (Ct.App.1991) (denial of motion to reduce sentence); State v. Lee, 117 Idaho 203, 786 P.2d 594 (Ct.App.1990) (order relinquishing jurisdiction); State v. James, 112 Idaho 239, 731 P.2d 234 (Ct.App.1986) (denial of defendant’s request to appear in person at Rule 35 hearing). Under that standard, the appellate court conducts a multi-tiered inquiry. The sequence of that inquiry is (1) whether the lower court rightly perceived the issue as one of discretion; (2) whether the court acted within the boundaries of such discretion and consistently with any legal standards applicable to specific choices; and (3) whether the court reached its decision by an exercise of reason. State v. Hedger, 115 Idaho 598, 768 P.2d 1331 (1989).

1. Did the district court err by not granting Urias probation and by relinquishing jurisdiction?

Urias contends that the district court erroneously relinquished jurisdiction at the end of the retained period. A period of retained jurisdiction provides a defendant with the chance to demonstrate his rehabilitation potential and gives trained correction officers an opportunity to evaluate that potential. State v. Wolfe, 99 Idaho 382, 582 P.2d 728 (1978). With the benefit of a report from NICI, the sentencing court can reconsider its initial decision to impose a sentence of confinement, and if the situation merits, modify the defendant’s sentence to allow probation. See id., 99 Idaho at 385, 582 P.2d at 731; State v. Toohill, 103 Idaho 565, 650 P.2d 707 (Ct.App.1982). The decision to allow probation or whether, instead, to release jurisdiction over the defendant, leaving him to serve his sentence in the custody of the Board of Correction, is a matter within the sound discretion of the sentencing court. State v. Ogata, 95 Idaho 309, 508 P.2d 141 (1973); State v. Williams, 112 Idaho 459, 732 P.2d 697 (Ct. App.1987). The legal standards applicable to this exercise of discretion are contained in I.C. § 19-2521, which prescribes criteria for weighing probation against a sentence of confinement. This section provides, in part, that a sentence of confinement, rather than probation, may be imposed if “[tjhere is undue risk that during the period of a suspended sentence or probation the defendant will commit another crime.” I.C. § 19-2521(1)(a).

Urias argues that the district court abused its discretion by relinquishing jurisdiction before Urias had an opportunity to demonstrate his rehabilitation potential. As noted by Urias, when the district court sentenced Urias and retained jurisdiction, the court expressly required that Urias complete an inpatient substance abuse treatment program before probation would be granted. However, the staff at NICI [755]*755did not select Urias for placement in its limited capacity drug program, explaining that the program evaluator found Urias’ motivation for treatment to be minimal. Urias contends that the NICI staff’s failure to place him in the program denied him the chance to prove his potential for substance abuse rehabilitation, and, accordingly, the district court should not have relinquished its jurisdiction. We note, however, that the unfavorable recommendation from NICI was based on Urias’ poor attitude and his prior record of offenses, in addition to his drug problem. According to the report, the NICI staff viewed Urias as immature and easily influenced by his peers. The report also stated that Urias’ “actions have shown he lacks foresight, is unaccepting of responsibility for his actions, and [that he] has a tendency to be dishonest.” Urias further complains that the NICI report overemphasized his criminal juvenile record.

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Bluebook (online)
852 P.2d 503, 123 Idaho 751, 1993 Ida. App. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-urias-idahoctapp-1993.