State v. Harbaugh
| Decision Date | 19 May 1993 |
| Docket Number | Nos. 19438,19439,s. 19438 |
| Citation | 853 P.2d 580,123 Idaho 835 |
| Parties | STATE of Idaho, Plaintiff-Appellant, v. Chris HARBAUGH, Defendant-Respondent. STATE of Idaho, Plaintiff-Appellant, v. Jolene HARBAUGH, Defendant-Respondent. Twin Falls, November 1992 Term |
| Court | Idaho Supreme Court |
Larry EchoHawk, Atty. Gen., Michael Kane and Michael A. Henderson, Deputy Attys. Gen., Boise, for plaintiff-appellant. Michael A. Henderson argued.
Swenson & Scoggin, Gooding, for defendants-respondents. Severt Swenson, Jr., argued.
The issue presented to the Court in this case is whether the district court properly set aside the Harbaughs' guilty pleas and dismissed the criminal actions against them. The respondents, Chris and Jolene Harbaugh ("the Harbaughs"), on being charged with several crimes involving marijuana entered into plea agreements with the State.
After a sentencing hearing in February of 1991, the court imposed sentences of two-to-five years. It then suspended the sentences and placed each defendant on probation for two years, a condition of which was that each Harbaugh serve sixty days in jail. The district court's probation orders stated, inter alia, "The defendant, at the discretion of the Gooding County Sheriff, may have work release, or be entitled to community release." 1
On May 16, 1991, the Harbaughs' counsel filed a timely "Motion for Clarification of Terms of Sentence" based upon Idaho Criminal Rule 35. At the hearing on this motion, held June 10, 1991, the district court noted that "the Sheriff doesn't like [the court's] order of probation and refuses to go along with it," 2 summarily set aside the Harbaughs' guilty pleas, and dismissed the actions against them. Shortly thereafter, the court signed orders to that effect. These orders observed that the Harbaughs to that point in time had fully complied with the terms of probation.
On appeal, the State argues that the district court abused its discretion in setting aside the Harbaughs' guilty pleas and dismissing the actions against them. We hold that under these peculiar circumstances, the district court acted outside the bounds of judicial discretion.
The district court did not expressly refer to a rule or statute during the sentencing hearing or in its order setting aside the pleas and dismissing the actions. Although the Harbaughs cite various statutes and Idaho Criminal Rules in support of the district court's actions, none is sufficient authority for affirming the trial court.
Idaho Criminal Rule 35, the rule pursuant to which the Motion to Clarify was made, applies neither to the withdrawal of guilty pleas nor to the dismissal of criminal charges. It allows the trial court to "reduce a sentence" within 120 days after the sentence is imposed. I.C.R. 35 (emphasis added). The State correctly asserts that I.C.R. 35 does not vest a trial court with the power to set aside guilty pleas and to dismiss an action. To read "reduce" so as to encompass such procedure would render meaningless I.C.R. 33(c) and 48, which govern withdrawal of pleas and dismissals, respectively. Cf. State v. Flora, 115 Idaho 397, 398, 766 P.2d 1278, 1279 (Ct.App.1988) ().
Idaho Criminal Rule 48, which provides the procedure and standards for dismissal by the court, fails to support the district court's dismissal of the Harbaughs' actions. Assuming, without deciding, that I.C.R. 48 applies to the Harbaughs' case, the rule as a condition precedent requires "notice to all parties." I.C.R. 48(a). Neither the Harbaughs nor the State were notified that the court was contemplating dismissal. We are not persuaded by the Harbaughs' argument that the notice provided by their Motion for Clarification of Terms of Sentence fulfilled the notice requirement of Rule 48. 3 Such notice should specifically state that the court is contemplating dismissal on its own motion or has been so moved by one of the parties.
Hence, under the instant facts, no authority supported the dismissal of the Harbaughs' criminal actions, leaving the further issue of whether there is any authority supporting the court's setting aside of the Harbaughs' guilty pleas.
Rule 33(c), governing the withdrawal of guilty pleas, provides in part that "to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his plea." I.C.R. 33(c). From the use of the word "may," it is clear that a trial court's decision to do so lies within its discretion. See, e.g., State v. Freeman, 110 Idaho 117, 714 P.2d 86 (Ct.App.1987) ().
The question then becomes whether the district court's actions were within the discretion bestowed by Rule 33(c). This court reviews a discretionary determination by asking 1) whether the trial court correctly perceived the issue as one of discretion; 2) whether the trial court acted within the outer boundaries of its discretion and consistently with the legal standards applicable to the specific choices available to it; and 3) whether the trial court reached its decision by an exercise of reason. Sun Valley Shopping Ctr., Inc. v. Idaho Power Co., 119 Idaho 87, 94, 803 P.2d 993, 1000 (1991), citing State v. Hedger, 115 Idaho 598, 600, 768 P.2d...
To continue reading
Request your trial
-
State v. Mathews
...Id. at 654, 534 P.2d at 774. See also, State v. Maxey, 125 Idaho 505, 508, 873 P.2d 150, 153 (1994); State v. Harbaugh, 123 Idaho 835, 837 n. 3, 853 P.2d 580, 582 n. 3 (1993); State v. Currington, 108 Idaho 539, 540-41, 700 P.2d 942, 943-44 (1985). The Court's analysis here should be guided......
-
State v. Joy
...deny a motion to quash a subpoena, the language of the Rule suggests the decision is discretionary. See, e.g., State v. Harbaugh, 123 Idaho 835, 837, 853 P.2d 580, 582 (1993) (use of "may" in Idaho Criminal Rule 33 denotes court's discretion in applying rule); State v. Jacobson, 150 Idaho 1......
-
State v. Maxey
...it takes precedence over I.C.R. 11(c). If the statute is procedural, I.C.R. 11(c) takes precedence over it. State v. Harbaugh, 123 Idaho 835, 837 n. 3, 853 P.2d 580, 582 n. 3 (1993). In State v. Currington, 108 Idaho 539, 540-41, 700 P.2d 942, 943-44 (1985), the Court ruled that the authori......
-
State v. Hanson
...submit to a mental health examination. The word "may" is permissive and denotes an exercise of discretion. See State v. Harbaugh, 123 Idaho 835, 837, 853 P.2d 580, 582 (1993). Thus, a court possesses discretion to order or decline to order a mental health examination prior to sentencing or ......