State v. Croston, 20132

• Decision Date: 02 July 1993
• Docket Number: No. 20132,20132
• Citation: 124 Idaho 471,860 P.2d 674
• Parties: STATE of Idaho, Plaintiff-Respondent, v. David Gerald CROSTON, Defendant-Appellant.
• Court: Idaho Court of Appeals

Page 674

860 P.2d 674

124 Idaho 471

STATE of Idaho, Plaintiff-Respondent, v. David Gerald CROSTON, Defendant-Appellant.

No. 20132.

Court of Appeals of Idaho.

July 2, 1993.

Petition for Review Denied Oct. 26, 1993.

Dan J. Rude, Coeur d'Alene, for defendant-appellant.

Larry EchoHawk, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

LANSING, Judge.

David Croston seeks review of the sentences imposed following his pleas of guilty to two misdemeanors, driving under the influence of alcohol and driving without a valid license. Croston appealed the sentences to the district court which affirmed. We affirm the sentence on the DUI charge and remand for resentencing on the charge of driving without a license.

When Croston pled guilty to this DUI charge he had two prior DUI convictions within the preceding five years. Although he thus could arguably have been charged with a felony DUI under I.C. § 18-8005(5), the charge was presented only as a misdemeanor on a citation issued by the Idaho State Police, and no felony information was filed. As part of the same incident giving rise to the DUI charge, Croston also was cited for driving while his license was suspended, I.C. § 18-8001, and for failure to use a seat belt, I.C. § 49-673. Pursuant to a plea agreement a separate DUI charge was dismissed and the charge of driving with a suspended license was reduced to driving without a license in violation of I.C. § 49-301. Croston then pled guilty to driving without a license, the misdemeanor DUI, and the seat belt infraction. The magistrate imposed concurrent six-month jail sentences for the charges of DUI and driving without a license. He also ordered Croston to pay a $1,000 fine for the DUI. The sentences were affirmed by the district court. Croston appeals from the district court's decision, contending the jail sentences were unreasonably harsh.

On appeal from the district court's review of a magistrate's judgment, we review the magistrate's order independent of but with due regard for district court's decision. State v. Van Sickle, 120 Idaho 99, 813 P.2d 910 (Ct.App.1991).

Croston's appeal of the sentences requires that we assess whether the magistrate abused his sentencing discretion by imposing concurrent six-month jail terms for DUI and for driving without a license. Our task is to determine whether the sentences comport with the four objectives of sentencing: (1) the primary goal of protection of society, (2) deterrence of the offender and others, (3) rehabilitation, and (4) punishment or retribution for wrongdoing. State v. Brown, 121 Idaho 385, 825 P.2d 482 (1992); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct.App.1983).

To determine whether a court has abused its discretion in sentencing, we must conduct an independent review of the record, focusing upon both the nature of the offense and the character of the offender. State v. Young, 119 Idaho 510, 808 P.2d 429 (Ct.App.1991). The information in the record on which we can base such review in this case is minimal. The transcript of the sentencing hearing discloses that this was Croston's third DUI conviction within five years. Apart from that, the only discussion of his record was the prosecutor's comment that, "Mr. Croston is well known to the Court for many different things: child support, and his alcohol problem that has resulted in numerous DUI arrests, at least, and now a conviction." There are also references to an alcohol evaluation of Croston by one Dr. Dahlberg, but Dr. Dahlberg's report is not in the record before us.

At the sentencing hearing and at a subsequent hearing on Croston's motion to reduce the sentences, the magistrate did not explain the reasons for the sentences he imposed. Such lack of explanation of a sentence is not reversible error. Although we have often encouraged the trial courts to explain the rationale underlying their sentencing decisions, e.g. State v. Snapp, 113 Idaho 350, 352, 743 P.2d 1003, 1005 (Ct.App.1987) and State v. Thomas, 112 Idaho 1134, 1136, 739 P.2d 433, 435 (Ct.App.1987), it is well established that judges are not required to do so. State v. Nield, 106 Idaho 665, 682 P.2d 618 (1984). Where the sentencing judge has not presented a rationale for the particular sentence, we must draw our own impressions from the record, and we will affirm if we can infer from the record that the sentence was a reasonable exercise of the court's discretion. State v. Lopez, 118 Idaho 620, 798 P.2d 465 (Ct.App.1990).

We consider first the six-month sentence for DUI. In reviewing that sentence we begin by focusing on the nature of the offense. Driving under the influence of intoxicants is a serious offense. Although it is not a violent crime, driving while intoxicated inherently creates a grave risk of injury to persons and property and raises very significant concerns for public safety. The human suffering inflicted by those who drive while intoxicated is no less severe, and perhaps more pervasive, than that caused by intentional acts of violence. Hence the nature of the DUI offense tends to support a substantial sentence.

In focusing next on the character of the offender, we find little detail in the record regarding Croston's background or criminal record, but we can glean that he had...