Idaho Cases November 10, 2021: State v. Davis

Case Description

UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Boise County. Hon. Samuel H. Hoagland, District Judge.

Judgment of conviction and unified sentence of fourteen years, with a minimum period of confinement of three years, for grand theft, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Justin R. Porter, Deputy Attorney General, Boise, for respondent.

Before HUSKEY, Chief Judge; GRATTON, Judge; and LORELLO, Judge

PER CURIAM

Shayna Relane Davis pled guilty to grand theft. I.C. § 18-2403(1). In exchange for her guilty plea, additional charges were dismissed. The district court sentenced Davis to a unified term of fourteen years, with a minimum period of confinement of three years. Davis appeals, arguing that the district court erred in not granting her a withheld judgment, that her sentence is excessive, and that the district court should have retained jurisdiction or placed her on probation.

Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well established and

1

need not be repeated here. See State v. Hernandez , 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-15 (Ct. App. 1991); State v. Lopez , 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984); State v. Toohill , 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant's entire sentence. State v. Oliver , 144 Idaho 722, 726, 170 P.3d 387, 391 (2007). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs , 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020).

After a person has been convicted of a crime, a district court may, in its discretion, withhold judgment. I.C. § 19-2601(3); State v. Edghill , 134 Idaho 218, 219, 999 P.2d 255, 256 (Ct. App. 2000); State v. Trejo , 132 Idaho 872, 880, 979 P.2d 1230, 1238 (Ct. App. 1999). Refusal to grant a withheld judgment will not be deemed an abuse of discretion if the trial court has sufficient information to determine that a withheld judgment would be inappropriate. State v. Geier , 109 Idaho 963, 965, 712 P.2d 664, 666 (Ct. App. 1985).

The primary purpose of a district court retaining jurisdiction is to enable the court to obtain additional information regarding whether the defendant has sufficient rehabilitative potential and is suitable for probation. State v. Jones , 141 Idaho 673, 677, 115 P.3d 764, 768 (Ct. App. 2005). Probation is the ultimate goal of retained jurisdiction. Id. There can be no abuse of discretion in declining to retain jurisdiction if the district court has sufficient evidence before it to conclude that the defendant is not a suitable candidate for probation. Id. The goal of probation is to foster the probationer's rehabilitation while protecting public safety. State v. Cheatham , 159 Idaho 856, 858, 367 P.3d 251, 253 (Ct. App. 2016). A decision to deny probation will not be deemed an abuse of discretion if it is consistent with the criteria articulated in I.C. § 19-2521.

Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Davis's judgment of conviction and sentence are affirmed.

2