State v. Miller
| Decision Date | 18 November 2011 |
| Docket Number | No. 38031.,38031. |
| Citation | 151 Idaho 828,264 P.3d 935 |
| Court | Idaho Supreme Court |
| Parties | STATE of Idaho, Plaintiff–Respondent, v. Dean Clay MILLER, Jr., Defendant–Appellant. |
Molly Huskey, State Appellate Public Defender, Boise, for appellant. Sarah E. Tompkins, Deputy Appellate Public Defender argued.
Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Mark W. Olson, Deputy Attorney General argued.
This appeal arises from Dean Clay Miller, Jr.'s conviction for burglary, assault with intent to commit robbery, possession of methamphetamine, and being a persistent violator. This case is primarily concerned with two issues: (1) whether a persistent violator enhancement must be alleged in the information to give a court subject matter jurisdiction; and (2) whether the defendant's sentence was excessive and constituted an abuse of discretion.
Miller pled guilty to possession of a controlled substance, burglary, and assault with the intent to commit robbery. He also pled guilty to being a persistent violator. Miller argues that the district court lacked subject matter jurisdiction because the State did not allege the persistent violator enhancement in the information. He also argues that if the court did have subject matter jurisdiction, the sentence was excessive in light of his mental health condition and other mitigating factors. We hold that the district court had subject matter jurisdiction to sentence Miller. We also hold that the district court acted consistent with I.C. § 19–2523 and I.C § 19–2521 and did not abuse its discretion when sentencing Miller.
Miller was arrested on September 24, 2007, in Pocatello, Idaho, for assault, burglary with the intent to commit robbery, and possession of methamphetamine. Miller had been on a three-week methamphetamine binge, and said he was fleeing pursuers. Miller claimed he had been running a long time and entered the victims' home in an attempt to escape. The home belonged to a family consisting of the parents and three children, one of whom was an infant. He entered their home through an unlocked side door in the garage, found a shotgun, and entered the bedroom where the parents were sleeping with the baby. Also in the home were the victims' two other children. The parents awoke, finding Miller there, wearing a mask and gloves and pointing the shotgun at them. He told them he was going to wait until morning when the banks opened, and force them to withdraw all of their money. At one point, Miller looked out the window, and the father was able to strike Miller in the head with the shotgun. This distracted Miller long enough for the mother and baby to escape. The father also ran outside and told his neighbor to get his guns and come help. His neighbor grabbed his .45 pistol, and the two approached the house, where they noticed that Miller had entered the garage. The neighbor entered and confronted Miller, and there was a short standoff. The father told his neighbor not to shoot Miller because the shotgun was unloaded. Miller dropped the shotgun and then held a knife up to his throat and wrist, threatening to kill himself. Shortly thereafter, the police arrived and subdued Miller. Only then was the father able to reenter his home and get to his other two children. When the police searched Miller they found methamphetamine in his pocket.
The original charges filed against Miller were for burglary, kidnapping in the first degree, assault with intent to commit robbery accompanied by a firearms enhancement, and possession of a controlled substance. The State was granted leave to amend the information to include a persistent violator enhancement, though no amendment was ever filed. However, the state did file a Notice to Defendant to Seek Persistent Violator Enhancement ("Notice to Defendant"). Miller subsequently pled guilty to the burglary, assault and possession charges, along with being a persistent violator. The other charges were dismissed. When Miller pled guilty to being a persistent violator, the district court and the prosecutor referred to part III of the Information. There was never a part III filed, but presumably they were referring to the Notice to Defendant.
Miller has a history of psychological problems, so the court ordered a psychological evaluation pursuant to I.C. § 19–2524. That evaluation stated that Miller suffered from anxiety and depression, and that he met the criteria for "Major Depression
and Personality Disorder Not Otherwise Specified with Antisocial Traits and Substance Abuse." That evaluation also noted that Miller approached the psychological tests "in an effort to emphasize his psychological problems." The symptoms of these disorders had been compounded by his drug use, but he was prescribed numerous psychotropic medications throughout his life.
Based on his admission that he was a persistent violator, Miller received enhanced sentences consisting of concurrent indeterminate life terms, with twenty-eight years fixed, for burglary and assault with intent to commit robbery. Miller was sentenced to a concurrent seven year fixed term for possession of methamphetamine.
Miller appealed on two grounds: first, that the district court did not have jurisdiction to sentence him as a persistent violator because the enhancement was not included in the information; and second, that the sentence was excessive and constituted an abuse of discretion. The Court of Appeals heard the case and issued a decision on June 14, 2010. It held that the district court had jurisdiction to sentence Miller as a persistent violator but that the sentence for the burglary and assault charges was excessive and constituted an abuse of discretion. It upheld the sentence of seven years for the possession charge and reduced his sentence to a term of fifteen years determinate with indeterminate life for the burglary and assault charges. This Court granted the State's petition for review.
When reviewing a decision by the Court of Appeals, this Court directly reviews the decision of the district court, while giving serious consideration to the intermediate appellate decision. State v. Arthur, 145 Idaho 219, 221–22, 177 P.3d 966, 968–69 (2008).
Whether a court lacks jurisdiction is a question of law that can be raised at any time and over which appellate courts exercise free review. State v. Jones, 140 Idaho 755, 757, 101 P.3d 699, 701 (2004). Whether an information conforms to law is also a matter of free review. Id.
A. The district court had subject matter jurisdiction to sentence Miller as a persistent violator where the information did not include the enhancement.
Miller argues that the district court lacked subject matter jurisdiction to sentence him as a persistent violator because the enhancement was not included in the information. Subject matter jurisdiction in a criminal case is conferred by the filing of an "information, indictment, or complaint alleging an offense was committed in the State of Idaho." State v. Rogers, 140 Idaho 223, 227, 91 P.3d 1127, 1131 (2004) ; Idaho Const. art. I, § 8. A defect in subject matter jurisdiction can be raised at any time, including for the first time on appeal. Jones, 140 Idaho at 758, 101 P.3d at 702; I.R.C.P. 12(b)(2). However, defects that are "tardily challenged are liberally construed in favor of validity." Jones, 140 Idaho at 759, 101 P.3d at 703. As a result, when an information is challenged for the first time on appeal, the validity of the information will be upheld "unless it is so defective that it does not, by any fair or reasonable construction, charge an offense for which the defendant is convicted." Id. (quoting State v. Cahoon, 116 Idaho 399, 400, 775 P.2d 1241, 1242 (1989) ). This statement reflects the policy that "[c]onvictions are no longer reversed because of minor and technical deficiencies" that cause no harm. Cahoon, 116 Idaho at 400, 775 P.2d at 1242 (quoting United States v. Pheaster, 544 F.2d 353, 360 (9th Cir.1976) ).
An information is valid if it "first, contains the elements of the offense charged and fairly informs a defendant of the charge against which he must defend, and, second, enables him to plead an acquittal or conviction in bar of future prosecutions for the same offense." Hamling v. United States, 418 U.S. 87, 117, 94 S.Ct. 2887, 2907, 41 L.Ed.2d 590, 620 (1974). Put more simply, the defendant has a right "to be informed of the exact charge against him," and "to know for what specific offense" he is being put on trial. State v. Petty, 73 Idaho 136, 138, 248 P.2d 218, 219 (1952). This not only allows a defendant to mount a proper defense, but enables him to avoid being re-prosecuted in the future for the same offense.
The persistent violator enhancement is not a separate offense; rather, it "merely provides for greater punishment ... than that which might have been inflicted had there not been two prior convictions." Clark v. State, 92 Idaho 827, 833, 452 P.2d 54, 60 (1969). While the prior convictions upon which the enhancement is based must be proved beyond a reasonable doubt, State v. Stover, 140 Idaho 927, 931, 104 P.3d 969, 973 (2005) ; State v. Salazar, 95 Idaho 305, 307, 507 P.2d 1137, 1139 (1973), they do not need to be alleged in the information to confer jurisdiction.
This Court has held that "[w]here it is sought to punish a defendant in a felony case as a persistent violator of law, the former convictions relied on must be alleged in the indictment or information." State v. Lovejoy, 60 Idaho 632, 637, 95 P.2d 132, 134 (1939). We explained that the defendant needs to "know exactly what he is accused of and prepare his defense." Id. Although Lovejoy stated that the enhancement must be alleged in the information, this case was based upon a due process challenge rather than jurisdiction. Nothing in the statute requires the prior convictions to be alleged in the information....
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