State v. Beckett

• Decision Date: 08 July 1992
• Docket Number: No. 19585,19585
• Parties: STATE of Idaho, Plaintiff-Respondent, v. David Wayne BECKETT, Defendant-Appellant.
• Court: Idaho Court of Appeals

Page 326

834 P.2d 326

122 Idaho 324

STATE of Idaho, Plaintiff-Respondent, v. David Wayne BECKETT, Defendant-Appellant.

No. 19585.

Court of Appeals of Idaho.

July 8, 1992.

Alan E. Trimming, Ada County Public Defender; Mark F. Stewart, Deputy Public Defender, for defendant-appellant.

Larry EchoHawk, Atty. Gen., Jane M. Newby, Deputy Atty. Gen., for plaintiff-respondent.

SWANSTROM, Judge.

David Wayne Beckett appeals from the orders revoking his probation and reinstating the balance of the sentence imposed on his conviction for lewd conduct with a minor under sixteen. I.C. § 18-1508. The sole issue raised on appeal is whether the court abused its discretion in revoking probation, which is the only setting where Beckett claims he can obtain the professional help he needs to address his pedophilia. For the reasons expressed below, we affirm.

Following Beckett's change of plea to guilty on the charge of lewd conduct with a minor under sixteen, the district court requested the preparation of a presentence report to aid in sentencing. On March 6, 1990, the district judge sentenced Beckett to an aggregate term of ten years, with a minimum period of confinement of three years. After retaining jurisdiction for 180 days, the judge released Beckett on probation for ten years and suspended his sentence on a recommendation from the jurisdictional review committee that was given "with some reluctance." As part of the conditions of probation, Beckett was precluded from associating with any juvenile unless accompanied by a responsible adult approved by his probation officer and therapist.

Approximately five months into the probation, Beckett solicited the help of a fourteen-year old boy for what he called a "physical education project." Beckett, who was doing some carpentry work in the home of the boy's family, asked the boy to pose nude for pictures while he and the boy were alone in the house. The disclosure of this information led to a warrant for a probation violation, which was filed in May, 1991. On September 16, 1991, after a hearing, the district court revoked Beckett's probationary status and ordered him to serve his sentence. This appeal followed.

Idaho Code § 20-222 prescribes that revocation of probation is within the discretion of the court and may occur at any time during the probation, if the probationer violates any of the terms of the probation. In making its decision, the court examines whether the probation is achieving the goal of rehabilitation and is consistent with the protection of society. State v. Hass, 114 Idaho 554, 558, 758 P.2d 713, 717 (Ct.App.1988). The court may, after a probation violation has been proven, order the suspended sentence to be executed or, in the alternative, the court is authorized under I.C.R. 35 to reduce the sentence. State v. Marks, 116 Idaho 976, 977, 783 P.2d 315, 316 (Ct.App.1989). On review, the appellate court must determine whether the district court acted within the boundaries of its discretion, consistent with any legal standards applicable to its specific choices, and whether the district court reached its decision by an exercise of reason. State v. Hass, supra.

Beckett asserts that it was error for the district court to order the suspended sentence to be executed. He argues that the district judge considered foremost the protection of society, which motivated the judge to reinstate the sentence, over the defendant's need for treatment. He also argues that treatment leading to rehabilitation is not available in prison in Idaho; therefore, the district judge should have imposed jail...