State v. Nice
| Decision Date | 05 May 1982 |
| Docket Number | No. 13758,13758 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. William NICE, Defendant-Appellant. |
| Court | Idaho Supreme Court |
Gaylen L. Box, Pocatello, for defendant-appellant.
David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, for plaintiff-respondent.
The defendant, William Nice, was charged with lewd and lascivious conduct with a minor under the age of sixteen years in violation of I.C. § 18-6607. The defendant pleaded guilty and was sentenced on April 28, 1980, to the Idaho State Penitentiary for an indeterminate term not to exceed ten years. The only issue raised by the defendant on appeal is whether this sentence was excessive.
A sentence fixed within the limits prescribed by the statute will ordinarily not be considered an abuse of discretion by the trial court. State v. Dunn, 91 Idaho 870, 434 P.2d 88 (1967). In this case the maximum punishment prescribed by the statute is life so the ten-year sentence was within the statutory limit. However, in exercising that discretion reasonableness is a fundamental requirement, State v. Dillon, 100 Idaho 723, 604 P.2d 737 (1979), and this Court must examine the circumstances of each case to determine whether the punishment imposed is excessive. State v. Weise, 75 Idaho 404, 273 P.2d 97 (1954); State v. French, 95 Idaho 853, 522 P.2d 61 (1974) (Shepard, J., dissenting).
An examination of the circumstances that developed at the sentencing hearing and that remained essentially uncontradicted indicates that the defendant met the complaining witness, a fourteen-year-old girl, while he was at her parent's home in June, 1979. The girl testified that after meeting the defendant she called him about twice a week for over two months until the offense occurred. During that time he never returned her calls and consulted friends on how to best handle the situation. On the day of the incident she called him again and asked him to come to the home where she was babysitting. The defendant brought along his son and the defendant testified at his sentencing hearing that his plans were to take them to the park. However, he testified that after stopping at the park he decided to go to the store for some beer and then to his house to put away groceries that he had purchased earlier in the day. The girl asked if she could go along. He stopped by his house to put the groceries away and she said she had to go to the bathroom. The girl testified that she came out of the bathroom no longer wearing her shoes, stockings or pants and told the defendant that she wanted to have sex. The offense occurred shortly after.
The girl testified that after the offense occurred she was angry at the defendant because she called him three more times but he never returned her calls. One week later she told her parents about the incident and the defendant was arrested. He later pleaded guilty to the offense of lewd and lascivious conduct with a minor.
Other than public intoxication and driving while intoxicated, the defendant's prior record consists solely of traffic offenses. Besides this being his first felony the defendant, after serving 11 years in the United States Air Force, had received an honorable discharge. While in the service he became skilled as a mechanic and was employed as a truck driver at the time of the sentencing. The defendant had been married for eighteen years but had separated from his wife shortly before the offense occurred. The defendant and his wife had seven children whom the defendant had supported. He was supporting two of the children who were living with him at the time of the trial.
The presentence investigation report placed primary emphasis on the defendant's need for alcoholic counseling. The report stated that the defendant had a problem with alcohol and the record shows that he had consumed at least two or three beers immediately prior to the time of the incident. The report further indicated that if the court wished to consider probation as an alternative it could possibly be accomplished if certain recommendations were followed. The investigator recommended...
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State v. Kysar
...his sentence was within the statutory maximum, we will uphold it unless the sentencing court abused its discretion. State v. Nice, 103 Idaho 89, 645 P.2d 323 (1982). A sentence may represent such an abuse if it is shown to be unreasonable upon the facts of the case. Id. Here, because the co......
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State v. Edmonson
...the statutory maximum and minimum so long as it is reasonable. State v. Snapp, 110 Idaho 269, 715 P.2d 939 (1986); State v. Nice, 103 Idaho 89, 645 P.2d 323 (1982). Edmonson's attack on I.C. § 18-1905 is without merit because it allows for sentencing discretion and not charging discretion. ......
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State v. Johns
...only constitute an abuse of discretion if it is found to be unreasonable based upon the facts of the particular case. State v. Nice, 103 Idaho 89, 645 P.2d 323 (1982). The sentences imposed on Johns were within the statutory limits, and so we must decide whether there was an abuse of discre......
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State v. Sheahan
...the limits prescribed by the statute will ordinarily not be considered an abuse of discretion by the trial court. State v. Nice, 103 Idaho 89, 90, 645 P.2d 323, 324 (1982). A sentence, however, may represent an abuse of discretion if it is shown to be unreasonable upon the facts of the case......