State v. Matteson
| Decision Date | 19 April 1993 |
| Docket Number | No. 19105,19105 |
| Citation | 123 Idaho 622,851 P.2d 336 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Quincy Raymond MATTESON, Defendant-Appellant. Boise, January 1993 Term |
| Court | Idaho Supreme Court |
Brauner, Coffel & Young, P.A., Caldwell, for defendant-appellant. William J. Brauner, argued.
Larry EchoHawk, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for plaintiff-respondent. Michael A. Henderson, argued.
Quincy R. Matteson pleaded guilty to second degree murder in connection with the strangling death of his landlady. Matteson was subsequently sentenced to an indeterminate life term with the first twelve years of the sentence fixed. On appeal, Matteson argues the trial court improperly considered certain information at his sentencing hearing, imposed a sentence which constitutes cruel and unusual punishment, and abused its discretion in not delaying its ruling on a Rule 35 motion until after the court received a psychiatric evaluation report.
In the early morning hours of February 14, 1990, Matteson telephoned the Caldwell Police Department and reported that he had heard his landlady, Barbara Overman, scream and had seen a man run off behind her house. Matteson lived in a small house behind the house of Mrs. Overman. When the police arrived, Matteson was standing in front of Mrs. Overman's house. The police searched the premises and found the body of Mrs. Overman inside her bedroom. She was found on her bed, lying on her back with an athletic sock tied around her neck. Mrs. Overman's mouth and nose were bloody and the left side of her face was bruised. An autopsy revealed that she died from ligature strangulation.
Matteson later confessed to killing Mrs. Overman. He admitted using a key from a "hide-a-key" box to unlock the back door and enter her home. Matteson claimed he killed Mrs. Overman after he bumped into her bed and she began to scream. Matteson's motive for entering Mrs. Overman's home is unclear from the record. 1 An investigation into Matteson's activities on the night of the murder revealed he ingested cocaine at a party prior to the murder.
Matteson was initially charged with first degree murder. He subsequently pleaded guilty to an amended charge of second degree murder. The presentence investigation report presented to the trial court contained the following notation:
The defendant's prior documented record reflects two traffic citations in 1986 for Basic Rule and in 1987 for Inattentive Driving. There is no documented history of prior delinquency or criminal activity. However, there has been some mention by the Idaho County Sheriff's Office that the defendant was under investigation for possible cocaine trafficking.
The trial court reviewed various letters it received concerning the sentencing of Matteson as well as a psychological evaluation prepared by Dr. Jack Stoner. The report of Dr. Stoner was prepared after the trial court granted Matteson's motion for an examination by a psychologist to determine whether Matteson was able to understand the proceedings against him and to assist counsel in preparing his defense.
At the sentencing hearing on December 7, 1990, members of Mrs. Overman's family were allowed to testify regarding the impact that the murder of Mrs. Overman had on their lives. A few of these witnesses also recommended what they deemed to be an appropriate sentence and expressed their opinion of the defendant. Matteson was sentenced to an indeterminate life term with the first twelve years of the sentence fixed.
On January 16, 1991, Matteson filed an I.C.R. 35 motion for a reduction of sentence. The motion specified that Matteson "was sentenced without benefit of a psychiatric examination by a qualified medical doctor psychiatrist, and has arranged to have such an evaluation by an M.D. specializing in Psychiatry, Dr. Michael Estes, to be done on February 21, 1991...." Matteson argued that "further psychiatric evaluation of the defendant would provide the court with more adequate information about the defendant and would indicate that it is unlikely that [he] would be inclined to again commit a crime."
Matteson sought to delay the trial court's ruling on the I.C.R. 35 motion pending the preparation of a written report by Dr. Estes. The trial court initially delayed ruling on the motion to allow Matteson the opportunity to submit the psychiatric report. On September 27, 1991, however, approximately eight months after Matteson filed his motion, the trial court denied the motion without the benefit of Dr. Estes' written report, which had not yet been submitted.
On appeal, Matteson contends the trial court improperly considered prejudicial hearsay contained in the presentence investigation report, improperly considered victim impact statements which went beyond the impact of the crime, imposed a sentence which is disproportionate and constitutes cruel and unusual punishment and abused its discretion by not further delaying its ruling on the I.C.R. 35 motion until after it received Dr. Estes' psychiatric evaluation. Matteson urges this Court to vacate his sentence and remand the case back to the trial court for resentencing. We decline and affirm the sentence imposed.
Matteson argues that the notation in the presentence investigation report that the Idaho County Sheriff's Office made "mention" that Matteson "was under investigation for possible cocaine trafficking" is prejudicial hearsay. He contends the trial court's consideration of this information violates State v. Mauro, 121 Idaho 178, 824 P.2d 109 (1991), in which this Court remanded a case for resentencing because of the inclusion of speculative hearsay in the defendant's presentence investigation report. We hold that Matteson failed to preserve this issue for appeal.
At the beginning of the sentencing hearing, Matteson was asked by the trial court whether he received the presentence report and had the opportunity to review it with his attorney. Matteson indicated that he had. At no point thereafter did Matteson or his attorney challenge or object to the contents of the presentence investigation report. A defendant, given a reasonable opportunity to review a presentence investigation report prior to sentencing, may not challenge its adequacy for the first time on appeal. State v. Thacker, 98 Idaho 369, 370, 564 P.2d 1278, 1279 (1977); State v. Wallace, 98 Idaho 318, 320, 563 P.2d 42, 44 (1977).
Matteson argues that his failure to object to the contents of the presentence report should not be deemed a waiver of this issue on appeal since the consideration of this information by the trial court constitutes fundamental error. The principle of fundamental error in a criminal case, however, applies to the foundation of a defendant's rights and does not include discretionary, evidentiary rulings by the trial court. State v. Bingham, 116 Idaho 415, 423, 776 P.2d 424, 432 (1989). We will not consider the alleged inadequacy of the presentence report in the instant case because of Matteson's failure to object at sentencing to what he deemed impermissible hearsay.
Matteson argues that certain comments made by members of Mrs. Overman's family at sentencing deprived him of due process of law. Specifically, Matteson contends the testimony went beyond mere victim impact statements and included the witnesses opinion of Matteson and sentencing recommendations. 2 Matteson argues this testimony exceeded the permissible bounds of victim impact testimony allowed by I.C. § 19-5306 3 and I.C.R. 32(b)(1). 4
Victim impact statements are permissible and in fact are mandated at sentencing by I.C. § 19-5306 and I.C.R. 32(b)(1). State v. Searcy, 118 Idaho 632, 637, 798 P.2d 914, 919 (1990). While I.C.R. 32(b)(1) provides that a presentence report shall contain the victim's version of the offense where relevant to the sentencing decisions, I.C. § 19-5306 provides that a victim of an offense may have included in the presentence report a statement of the impact which the criminal conduct has had on the victim and may be afforded the opportunity to address the court at sentencing. I.C. § 19-5306 does not contain any limitations which would prevent a victim of a crime, 5 at sentencing, from sharing the victim's opinion of the defendant or making a sentence recommendation. 6 "When a statute's language is broad enough to include a particular subject matter, an intent to exclude it from the statute's operation must be specifically expressed." State v. Michael, 111 Idaho 930, 932, 729 P.2d 405, 407 (1986).
"The district court has broad discretion in determining what evidence is to be admitted at a sentencing hearing." State v. Johnson, 101 Idaho 581, 583, 618 P.2d 759, 761 (1980). It is a " 'fundamental sentencing principle' that 'a judge may appropriately conduct an inquiry broad in scope, largely unlimited either as to the kind of information he may consider, or the source from which it may come.' " Id. at 584, 618 P.2d at 762, quoting Roberts v. United States, 445 U.S. 552, 556, 100 S.Ct. 1358, 1362, 63 L.Ed.2d 622, 628 (1980); see also State v. Bivens, 119 Idaho 119, 120, 803 P.2d 1025, 1026 (Ct.App.1991). We find the trial court did not err in allowing the challenged testimony of Mrs. Overman's family.
It should also be noted that the trial court described, in its order denying Matteson's Rule 35 motion, the manner in which it considered the victim's statements:
In his Rule 35 motion, the defendant complains of the victim testimony produced at the sentencing hearing in this case, and argues that it unfairly prejudiced the court. This fear on the part of the defendant is unfounded.... One of the witnesses offered an opinion as to the punishment to be handed down. The cou...
To continue reading
Request your trial
-
State v. Adamcik
...analysis is only proper where the Court makes an initial finding that a gross disproportionality exists. State v. Matteson, 123 Idaho 622, 626, 851 P.2d 336, 340 (1993). Adamcik's argument that this Court should find his sentence to be cruel and unusual due to Adamcik's minority and the gro......
-
State v. Adamcik
...analysis is only proper where the Court makes an initial finding that a gross disproportionality exists. State v. Matteson, 123 Idaho 622, 626, 851 P.2d 336, 340 (1993). Adamcik's argument that this Court should find his sentence to be cruel and unusual due to Adamcik's minority and the gro......
-
State v. Porter
...we have said that the principle of fundamental error does not apply to discretionary, evidentiary rulings. See State v. Matteson, 123 Idaho 622, 624, 851 P.2d 336, 338 (1993). We think, however, that this is more of a procedural matter than an evidentiary one, and, thus, we may consider whe......
-
State v. Shanahan
...violates the Eighth Amendment, this Court "treat[s] the fixed portion of a sentence as the term of confinement." State v. Matteson, 123 Idaho 622, 626, 851 P.2d 336, 340 (1993). The Equal Protection Clause of the Fourteenth Amendment provides that no State shall "deny to any person within i......