State v. Lopez, Nos. 14695
| Court | Idaho Court of Appeals |
| Writing for the Court | BURNETT; WALTERS, C.J., and SWANSTROM |
| Citation | 680 P.2d 869,106 Idaho 447 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Charles T. LOPEZ, Defendant-Appellant. |
| Decision Date | 30 April 1984 |
| Docket Number | 14696 and 14698,Nos. 14695 |
Page 869
v.
Charles T. LOPEZ, Defendant-Appellant.
[106 Idaho 448]
Page 870
Douglas R. Whipple, Burley, for defendant-appellant.Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Steven W. Berenter, Deputy Atty. Gen., Boise, for plaintiff-respondent.
BURNETT, Judge.
These consolidated cases present issues of sentence review. Having pled guilty, Charles Lopez was convicted of first degree kidnapping, first degree burglary and two counts of robbery. He received concurrent sentences, each for an indeterminate period not exceeding fifteen years. Lopez subsequently moved to reduce the sentences under I.C.R. 35. The district court denied the motion, and Lopez appealed.
We are asked to decide two issues. (1) Do Lopez's sentences violate his right to equal protection because they are more severe than sentences imposed upon some of his accomplices? (2) Are Lopez's sentences unduly harsh, representing an abuse of sentencing discretion? Because we answer both questions in the negative, we uphold the district court's refusal to reduce the sentences originally imposed.
We first examine the equal protection issue. Lopez committed the crimes in question with three accomplices--his brother and persons named Spurgeon and Piper. All four individuals participated in robberies of a grocery store in Burley and a gas station in Heyburn. Two months later the same group (except Lopez's brother), burglarized a private home and kidnapped John Evans, Jr.--son of the Governor of Idaho. The kidnapping occurred in circumstances indicating an intent to extort money, but the apparent scheme was frustrated by police intervention.
Piper and Spurgeon received the same concurrent, indeterminate fifteen-year sentences as were imposed upon Lopez. However, Piper's sentences for the kidnapping and burglary were reduced later to one year in the county jail; and his sentences for robbery were reduced to five years' probation. Spurgeon's sentences--so far as the instant record shows--were not modified. Lopez's brother originally was sentenced to an indeterminate ten-year term for robbery; but the court retained jurisdiction for 120 days. At the end of that period, the court suspended execution of the sentence and placed Lopez's brother on four years' probation.
In this appeal, Lopez focuses his equal protection argument upon a perceived disparity between his sentences and those ultimately received by his brother and Piper. We are unable to ascertain the reasons for [106 Idaho 449]
Page 871
reduction of the initial sentences in those other cases. A full record of the cases has not been furnished. As to Piper, we have only the sentence reduction order, reciting that such action would serve "the ends of justice and the best interest of the public as well as the defendant." Regarding Lopez's brother, we are not informed of the reasons why jurisdiction was retained; nor do we have the evaluation report by the Board of Correction, which the court considered in ultimately granting probation.An appellant bears the burden of furnishing a record adequate to evaluate his claim of error. E.g., State v. Wolf, 102 Idaho 789, 640 P.2d 1190 (Ct.App.1982). Upon the record provided to us, we cannot ascertain whether the varying sentences actually reflect disparate treatment of the defendants or whether they were properly attuned to individual circumstances presented in each case.
Sentences cannot be deemed disparate upon simplistic comparison of results. Our Supreme Court has directed trial courts to sentence individual criminals, not crime categories. State v. Allen, 98 Idaho 782, 572 P.2d 885 (1977). Where sentencing is individualized, differing sentences for similar crimes do not necessarily signify that a particular sentence is inappropriate to the case where it has been imposed. Holmes v. State, 104 Idaho 312, 658 P.2d 983 (Ct.App.1983).
Lopez's claim that he has been denied equal protection is, at its roots, a constitutional challenge to the principle of individualized sentencing. In State v. Seifart, 100 Idaho 321, 597 P.2d 44 (1979), our Supreme Court entertained a similar challenge. There, as here, co-defendants received different sentences. In response to claims that equal protection and due process had been violated, the court stated, "There is no requirement under the due process clause or any other clause of the Constitution which imposes a mandate upon the [sentencing] Court to render uniform...
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State v. Gardiner, No. 20889
...to the sound discretion of the sentencing court, which may be granted if the original sentence was unduly severe. State v. Lopez, 106 Idaho 447, 450, 680 P.2d 869, 872 (Ct.App.1984). On appeal, the lower court's decision to grant or to deny a request for reduction of sentence will not be di......
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State v. Beam, Nos. 16542
...550 P.2d 130 (1976), and the motion may be granted if the sentence originally imposed was for any reason unduly severe. State v. Lopez, 106 Idaho 447, 680 P.2d 869 (Ct.App.1984); State v. Sutton, 106 Idaho 403, 679 P.2d 680 (Ct.App.1984). An I.C.R. 35 motion places on the movant the burden ......
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State v. Moore, No. 23131
...the goal of rehabilitation, the court does not abuse its discretion in denying a motion for leniency under Rule 35. State v. Lopez, 106 Idaho 447, 680 P.2d 869 (Ct.App.1984); see also, Simons v. State, 116 Idaho 69, 773 P.2d 1156 (Ct.App.1989). Since the addition of the polygraph test did n......
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State v. Dreier, No. 27717.
...reasonableness of the sentence are well established. See State v. Hernandez, 121 Idaho 114, 822 P.2d 1011 (Ct.App.1991); State v. Lopez, 106 Idaho 447, 680 P.2d 869 (Ct.App.1984); Toohill, 103 Idaho 565, 650 P.2d If the sentence is found to be reasonable at the time of pronouncement, the de......
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State v. Gardiner, No. 20889
...to the sound discretion of the sentencing court, which may be granted if the original sentence was unduly severe. State v. Lopez, 106 Idaho 447, 450, 680 P.2d 869, 872 (Ct.App.1984). On appeal, the lower court's decision to grant or to deny a request for reduction of sentence will not be di......
-
State v. Beam, Nos. 16542
...550 P.2d 130 (1976), and the motion may be granted if the sentence originally imposed was for any reason unduly severe. State v. Lopez, 106 Idaho 447, 680 P.2d 869 (Ct.App.1984); State v. Sutton, 106 Idaho 403, 679 P.2d 680 (Ct.App.1984). An I.C.R. 35 motion places on the movant the burden ......
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State v. Moore, No. 23131
...the goal of rehabilitation, the court does not abuse its discretion in denying a motion for leniency under Rule 35. State v. Lopez, 106 Idaho 447, 680 P.2d 869 (Ct.App.1984); see also, Simons v. State, 116 Idaho 69, 773 P.2d 1156 (Ct.App.1989). Since the addition of the polygraph test did n......
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State v. Dreier, No. 27717.
...reasonableness of the sentence are well established. See State v. Hernandez, 121 Idaho 114, 822 P.2d 1011 (Ct.App.1991); State v. Lopez, 106 Idaho 447, 680 P.2d 869 (Ct.App.1984); Toohill, 103 Idaho 565, 650 P.2d If the sentence is found to be reasonable at the time of pronouncement, the de......