State v. Hansen

• Decision Date: 19 March 2014
• Docket Number: No. 40647.,40647.
• Citation: 156 Idaho 169,321 P.3d 719
• Court: Idaho Supreme Court
• Parties: STATE of Idaho, Plaintiff–Respondent, v. Robert Cassidy HANSEN, Defendant–Appellant.

156 Idaho 169

321 P.3d 719

STATE of Idaho, Plaintiff–Respondent,

v.Robert Cassidy HANSEN, Defendant–Appellant.

No. 40647.

Supreme Court of Idaho, Boise, November 2013 Term.

March 19, 2014.

Sara B. Thomas, State Appellate Public Defender, Boise, attorneys for appellant. argued. Sarah E. Tompkins argued.

Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, attorneys for respondent. Kenneth K. Jorgensen argued.

SCHROEDER, Justice pro tem.

Robert C. Hansen pled guilty to the charges of aggravated driving under the influence and leaving the scene of an injury accident. At the sentencing hearing the district court allowed the victim's father to give an informal statement over Hansen's objection that the father was not a victim entitled to make a victim impact statement. The district court sentenced Hansen to a total of 15 years imprisonment for the two convictions. Hansen appealed. The case was assigned to the Court of Appeals, which determined that it was error for the district court to allow the father's statement, because the father was not a victim. However, the Court of Appeals held that any error was harmless. Hansen also attempted to appeal his sentences on both the aggravated driving under the influence charge and the leaving the scene of an injury accident charge, maintaining that the district court's departure from the plea agreement on one charge opened up both for review. The State petitioned this Court for review of whether the district court erroneously admitted the father's statement. This Court granted the State's petition.

I. FACTUAL AND PROCEDURAL BACKGROUND

Hansen struck a motorcyclist, Donovan Jones, while Hansen was driving under the influence of alcohol. He did not stop his vehicle upon impact and immediately drove away from the scene. Donovan had recently finished his senior year of high school and planned to attend basic training for the Marine Corps in ten days. His injuries included a dislocated hip, damage to his knee ligament, severed tendons in his wrist, and multiple broken bones. Due to the extent of his injuries, he could not attend basic training, and he was disqualified when he tried to reenlist after recovery.

The State charged Hansen with aggravated driving under the influence and leaving the scene of an injury accident. Hansen pled guilty to both charges pursuant to a plea agreement. The State agreed to recommend a sentence of three years fixed plus 12 indeterminate years of imprisonment for the aggravated DUI conviction. The State agreed to recommend a sentence of five indeterminate years of imprisonment with no fixed years for the leaving the scene conviction. The State would recommend that the two sentences run concurrently. Hansen waived the right to appeal any issue, except he could appeal "the sentence" if the district court "exceeds the determinate portion of the State's sentencing recommendation of the ‘Jail/Prison terms.’ " The agreement allowed the State to alter the sentencing recommendation if new criminal charges were filed against Hansen.

Before the sentencing hearing for the aggravated DUI and leaving the scene convictions, the State filed a new criminal charge against Hansen for domestic violence to which Hansen pled guilty. The domestic violence case was unrelated to the aggravated DUI and leaving the scene case.

The district court consolidated the cases for sentencing. Hansen presented informal statements by two pastors, and he submitted letters from a non-profit rehabilitation program, a probation officer, friends, and family. He also gave an informal statement apologizing for his actions and seeking leniency. The State presented informal statements by Donovan and the domestic violence victim, Hansen's wife. The State also offered an informal statement by Donovan's father, Curtis Jones. This statement is in controversy. Hansen objected to the district court receiving the statement on the basis that Donovan's father was not a victim. The prosecutor responded:

Well, Your Honor, I know that in other cases, the parents have been allowed to talk about the impact that it had upon them. We feel that when a child or a family member is hit in a case like this, it becomes a family issue. And so we would request that he have the opportunity to make a statement.

The district court overruled Hansen's objection and allowed Donovan's father to address the court, stating, "Well, I'll note the objection but allow Mr. Jones to address the court in that capacity." The basis of this ruling is not altogether clear as to whether the district court was referring to the defense objection to the father's statement on the basis that he was not a victim or the father's capacity as a relative. In any event the father commented on the crime and its impact on him and his son. The father discussed the extent of his son's injuries. He also provided his very strong opinion of Hansen's character. He described Hansen as "dangerous and unfixable" and "a cruel, selfish coward" who would have let his son die on the street. He asked the court to impose the maximum sentence with the longest possible period of parole. Of concern to this Court, though not an issue presented by the parties, is the extensive knowledge the father indicated about Hansen's character and prior legal history. The concern the Court has is whether he was allowed improper access to the presentence report that was prepared in this case.

The State argued it was no longer bound by the sentencing recommendation due to Hansen's new conviction for domestic violence. The State asked the district court to impose a sentence of five years fixed plus ten indeterminate years for a total of 15 years imprisonment for both the aggravated DUI and leaving the scene convictions. The district court followed the State's original sentencing recommendation in the plea agreement for the aggravated DUI conviction but departed from the agreement for the leaving the scene charge. The district court sentenced Hansen to three years fixed plus 12 indeterminate years as recommended by the State in the plea agreement for the aggravated DUI conviction. For the leaving the scene conviction, however, the district court did not sentence Hansen to five indeterminate years as recommended by the State in the plea agreement. Instead, the district court sentenced him to three years fixed plus two indeterminate years. The district court ordered the two sentences to run concurrently. The district court sentenced Hansen to five indeterminate years with no fixed years for the domestic violence conviction to run consecutive to the two prior sentences. In total, the district court sentenced Hansen to 20 years imprisonment for the three convictions, with 15 of those years for the aggravated DUI and leaving the scene convictions.

The district court denied Hansen's motion for a reduction of the sentences. Hansen appealed. The Court of Appeals held that the district court's admission of the father's statement was in error as a victim impact statement, but found the error to be harmless. The Court of Appeals also determined that the appellate waiver provision permitted Hansen to appeal "an individual sentence should the determinate portion imposed exceed the State's individual recommendation as to that specific sentence." As such, Hansen could appeal only his sentence for leaving the scene, which was not excessive.

The State petitioned this Court for review of "whether the district court erred by overruling Hansen's objection that a person who was not a victim could not provide a statement to the court at sentencing." That is, "[d]id the legislature, by giving victims the right to be heard, exclude the district court from considering evidence from non-victims of how the crime affected the victim?" This Court granted the State's petition for review, which presents the issues of 1) whether allowing the father's statement was in error, and, if so, harmless; 2) could Hansen appeal the entirety of his sentences; 3) were the sentences imposed an abuse of discretion?

II. STANDARD OF REVIEW

"When this Court hears a case on a petition for review from the Court of Appeals, it ‘gives serious consideration to the Court of Appeals' views, but will review the trial court's decision directly,’ and ‘acts as if the appeal was directly from the trial court's decision.’ " State v. Carter, 155 Idaho 170, 172, 307 P.3d 187, 189 (2013) (quoting State v. Pepcorn, 152 Idaho 678, 686, 273 P.3d 1271, 1279 (2012) ).

III.The District Court Did Not Err By Admitting A Statement From The Victim's Father At The Defendant's Sentencing Hearing.

Idaho Constitution Article 1, Section 22 (6) and I.C. § 19–5306 assure the right of the "victim" to give victim impact evidence at sentencing but do not restrict the right of others to offer relevant information. The Idaho Constitution guarantees crime victims the right "[t]o be heard, upon request, at all criminal justice proceedings considering ... sentencing ... of the defendant, unless manifest injustice would result." Idaho Const. art. I, § 22 (6). I.C. § 19–5306 enforces the victim's constitutional right to be heard in two ways. First, under subsection (1)(e), the victim has the right to address the court with an impact statement at the defendant's sentencing hearing. I.C. § 19–5306(1)(e) ; see also State v. Grant, 154 Idaho 281, 287, 297 P.3d 244, 250 (2013) (recognizing a constitutional right to deliver a victim impact statement); State v. Lampien, 148 Idaho 367, 374, 223 P.3d 750, 757 (2009) (same); State v. Matteson, 123 Idaho 622, 625, 851 P.2d 336, 339 (1993) (recognizing a statutory right to present victim impact statement at sentencing). Second, under subsection (1)(h), the victim must be consulted by the presentence investigator and have "a statement of the impact which the defendant's criminal conduct had upon the victim" included in the defendant's presentence report. I.C. § 19–5306(1)(h). In addition to subsection (1)(h), Idaho Criminal Rule 32 reflects the...