State v. Hood
| Citation | 639 P.2d 9,102 Idaho 711 |
| Decision Date | 30 December 1981 |
| Docket Number | No. 13855,13855 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Jefferson D. HOOD, Defendant-Appellant. |
| Court | United States State Supreme Court of Idaho |
G. LaMarr Kofoed, Fruitland, for defendant-appellant.
David H. Leroy, Atty. Gen., Lynn E. Thomas, Sol. Gen., Myrna A. I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.
The defendant appeals from a sentence of ten years for aggravated assault on a law enforcement officer. The assault occurred in conjunction with an escape from the Payette County jail in which the defendant and two other inmates threatened a deputy sheriff with the sharpened handle of a spoon and locked him in a cell and escaped from the jail.
The defendant pleaded guilty to the aggravated assault charge, and the court ordered a presentence investigation. The presentence investigation indicated that the defendant, eighteen years of age at the time of the assault, had a rather substantial record as a juvenile and that his attitude and outlook required institutionalization. The psychological report attached to the presentence investigation indicated that the defendant was potentially dangerous to society.
The court sentenced the defendant to an indeterminate term for not to exceed ten years, retaining jurisdiction for 120 days. Upon receiving the report from the Board of Corrections, the court held a hearing on whether or not the court should exercise its retained jurisdiction and grant probation. The defendant was present and testified. Following the hearing, the court concluded that the defendant's anti-social attitude had not been adequately corrected and that the protection of society required that he not be released on probation at that time. Accordingly, the court ordered that the retained jurisdiction be relinquished and the defendant remanded to the custody of the Idaho State Board of Corrections to serve the balance of the sentence.
The defendant has appealed, asserting that the trial court abused its discretion in failing to exercise its retained jurisdiction to modify the original sentence and place the defendant on probation. We have reviewed the record and conclude that no abuse of discretion is disclosed, and therefore we affirm the judgment of the trial court. State v. Bradac, 101 Idaho 240, 611 P.2d 1025 (1980); State v. Stroup, 101 Idaho 54, 607 P.2d 1328 (1980).
Judgment affirmed.
An 18 year old incarcerated in a county jail on a misdemeanor charge of obtaining money under false pretenses falls in with two older fellows and the three of them attempt an escape. Extremely poor judgment on the part of the youth-and the youth is sentenced to serve 10 years in the main yard on his very first felony. It is said that he had a substantial juvenile record, and "indications" are that he is potentially dangerous to society. If this latter be true, one may rest reasonably assured that that potential will be fulfilled by experience gained at the state prison. As to his juvenile record being used as a predicate for sustaining this extremely severe sentence, one can only wonder why the Legislature, in enacting the Youth Rehabilitation Act, prefaced it with I.C. § 16-1801, 1 decriminalized children's conduct which otherwise would be criminal, I.C. § 16-1803, and sought to provide some degree of confidentiality and anonymity, I.C. § 16-1816. Obviously, the legislature believed that offenses committed as a juvenile should be treated differently than offenses committed as an adult, due to the immaturity and lack of experience of those below the age of majority. What does it all amount to then-when a child's delinquencies are used to enhance what ordinarily would be probation or jail time for some other defendant who either wasn't wayward as a juvenile, or who was, but who was not brought into court to become a number and a statistic? To my mind, when a child is no longer treated as a child, his record as a child should be left behind him.
"Escape" is a word which, for reasons unknown to me, creates in law enforcement people and the news media a special kind of excitement. Sometimes in the dullest of affairs, like a trustee taking a walk, the word "escape" is uttered, and suddenly the event is reported everywhere-crowding out worthwhile news. 2 I do not understand...
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