State v. Adams

• Decision Date: 10 April 1989
• Docket Number: No. 17444,17444
• Citation: 772 P.2d 260,115 Idaho 1053
• Parties: STATE of Idaho, Plaintiff-Respondent, v. James Albert ADAMS, Defendant-Appellant.
• Court: Idaho Court of Appeals

Page 260

772 P.2d 260

115 Idaho 1053

STATE of Idaho, Plaintiff-Respondent, v. James Albert ADAMS, Defendant-Appellant.

No. 17444.

Court of Appeals of Idaho.

April 10, 1989.

Richard D. Toothman, Deputy Public Defender, Boise, for defendant-appellant.

Jim Jones, Atty. Gen. by Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

BURNETT, Judge.

James Albert Adams appeals from a district court order revoking his probation and directing execution of a previously suspended prison sentence. Two issues are presented: (1) whether Adams' conduct warranted the revocation of his probation; and (2) whether, upon revoking Adams' probation, the judge should have reduced the sentence rather than ordering it fully into execution. We affirm the district court's order.

The essential facts may be recited briefly. Upon a plea of guilty to forgery, Adams received a prison sentence of seven years. The judge specified a term of approximately one and one-half years as the minimum period of confinement. However, the judge suspended the prison sentence and placed Adams on probation for seven years, one of which would be spent in the Ada County jail. The judge informed Adams in open court that if he served the year in jail without violating any laws or jail rules, his probation might be discharged. Conversely, if Adams violated any laws or rules, the probation would be revoked and the prison sentence would be ordered into execution. Adams accepted these terms. Indeed, the probationary arrangement was more favorable to him than a presentence report had recommended. The presentence investigator, noting a prior conviction for armed robbery, had urged no probation for Adams.

Approximately two months after his commitment to the Ada County jail, Adams violated a rule prohibiting disrespect toward jail staff. He called one of the custodial officers a "fat fucker." No action was taken against Adams with respect to his probation, but a disciplinary infraction was noted and Adams was denied a holiday furlough. About one month later, Adams engaged in a verbal altercation with another custodial officer. He used such language as "fuck you ... suck my dick ... you punk, I'll bend you." As the district judge later determined, the word "bend" was a slang expression for anal intercourse. For this misconduct, the state moved to revoke Adams' probation. Although Adams claimed that the altercation had been provoked by the officer, the judge found otherwise. The probation was revoked and the original prison sentence was ordered into execution. This appeal followed.

In any probation revocation proceeding, the judge faces three potential issues. First, was a condition of probation actually violated? Ordinarily, this is a question of fact. Second, does the violation justify revoking the probation? This is a question addressed to the judge's sound discretion. Third, and finally, if probation is revoked, what prison sentence should be ordered? Specifically, if a prison sentence previously has been pronounced but suspended, should that sentence be ordered into execution or should the court order a reduced sentence as authorized by I.C.R. 35? This question, too, is one of discretion. In a given case, the parties may frame any one or all of these issues for the judge's consideration. See generally, State v. Case, 112 Idaho 1136, 739 P.2d 435 (Ct.App.1987), and State v. Bell, 103 Idaho 255, 646 P.2d 1026 (Ct.App.1982) (both cases addressing the first two questions). Here, Adams has conceded, for the purpose of this appeal, that he violated a term of his probation. His arguments focus on the latter two questions. We will discuss them in turn.

I

Although Adams now admits that he violated his probation by making disrespectful and profane statements to a custodial officer, he contends that the violation was innocuous and did not warrant revocation of his probation. We acknowledge that a judge cannot revoke probation arbitrarily. State v. Hancock, 111 Idaho 835, 727 P.2d 1263 (Ct.App.1986). However, probation may be revoked if the judge reasonably concludes from the defendant's conduct that probation is not achieving its rehabilitative purpose. State v. Mummert, 98 Idaho 452, 566 P.2d 1110 (1977). Because the judge has first-hand familiarity with the defendant and his rehabilitative prospects, we apply no bright line rules to this issue. Instead, we defer to the trial court's decision unless an abuse of discretion is demonstrated.

As noted above, Adams was a dubious candidate for probation when the original sentence was pronounced and suspended. The judge created an in-jail form of probation, testing whether Adams was capable of conforming his behavior to certain rules of conduct and, therefore, was safe to release from incarceration. The judge stressed the importance of complying with the rules of the jail. Adams violated those rules twice.

Moreover, the second episode did not merely involve a casual profanity. Adams' words were pointed and abusive. Although some friction and profanity may be a fact of life in jail, Adams knew from his first disciplinary infraction that the rules could, and would, be enforced. He also knew, as an in-jail probationer, that his status was unique and that his conduct was being closely evaluated. He failed the evaluation. We find no abuse of discretion in the judge's decision to revoke probation.

II

We now turn to Adams' contention that the seven-year prison sentence was excessive and should have been reduced. Before addressing the merits of this...