State v. Rawson
| Decision Date | 02 July 1979 |
| Docket Number | No. 12843,12843 |
| Citation | 100 Idaho 308,597 P.2d 31 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Sidney R. RAWSON, Defendant-Appellant. |
| Court | Idaho Supreme Court |
Peter D. McDermott of McDermott & McDermott, Pocatello, for defendant-appellant.
David H. Leroy, Atty. Gen., Lynn E. Thomas, P. Mark Thompson, Deputy Attys. Gen., Boise, for plaintiff-respondent.
This is an appeal by the defendant Sidney Rawson from a four year fixed term sentence imposed after he entered a plea of guilty to a violation of I.C. § 18-3601, forgery. We affirm.
On August 8, 1977, the defendant Sidney Rawson was charged with forgery, a violation of I.C. § 18-3601. He was subsequently arraigned in district court where he entered a plea of guilty to the charge and a presentence investigation report was ordered.
At the sentencing proceedings the judge noted that the defendant's record of past offenses indicated a flagrant disregard for the law or in the alternative an unwillingness to exercise subjective control of himself so that he didn't become involved with the law. The judge determined that defendant was not a suitable candidate for probation and that the court's efforts were better directed to the protection of society. Thus, rather than sentence Rawson to an indeterminate sentence under I.C. § 19-2513, the district court judge exercised his discretion under I.C. § 19-2513A and sentenced Rawson to a four year fixed term.
Defendant-appellant Rawson's sole contention on appeal is that the fixed term sentence statute of I.C. § 19-2513A constitutes an unconstitutional usurpation by the legislative department of powers of the executive department. Rawson argues that the legislative department, through the enactment of the fixed term sentence statute, has attempted to improperly restrict the executive department's power over pardons, commutations, and paroles. He asserts that the Idaho Constitution grants the power of pardon, commutation, and parole exclusively to the executive department and that such an attempt to limit these powers violates the separation of powers provision found in Art. II, § 1 of the Idaho Constitution.
In Standlee v. State, 96 Idaho 849, 538 P.2d 778 (1975), this Court addressed a similar constitutional challenge to another statute, I.C. § 20-223. That section provides that a person serving a sentence for certain enumerated crimes shall not be released on parole before having served at least one-third of the sentence. Therein the defendant-appellant Standlee argued that I.C. § 20-223 violated the separation of powers provision of the Idaho Constitution on the grounds that Art. IV, § 7 granted only the executive department (board of corrections) the power of determining parole. The Court in Standlee rejected this argument and held Art. IV, § 7 does not apply to the parole function.
The Standlee Court initially noted that Art. IV, § 7 provides that the board of pardons "shall have the power to remit fines and forfeitures, and to grant Commutations and Pardons after conviction and judgment. . . ." (Emphasis supplied.) The Court found that the commutation and pardon power referred to in the Constitution did not include the power of parole.
The Standlee Court recognized the distinction as follows:
At 852, 538 P.2d at 781.
Thus, the pardon and commutation powers granted to the board of pardons in Art. IV, § 7 of the Idaho Constitution are separate from the function of parole. The parole function is not provided for in that article of the Constitution.
In assessing the appellant's constitutional challenge to the fixed term sentence statute, it is necessary to consider the current statutory sentencing scheme in Idaho. A defendant convicted of a felony may be sentenced either to an indeterminate sentence under I.C. § 19-2513 or, as an alternative to an indeterminate sentence, the court, in its discretion, may sentence the offender to a fixed term sentence under I.C. § 19-2513A.
For a number of years Idaho had only an indeterminate sentence statute. The progenitor of the current indeterminate sentence statute was enacted in 1909. H.B. 214, 1909 Idaho Sess. Laws 82. Although the legislature has amended this law several times over the years, the basic premise of the indeterminate sentence statute would appear to have remained the same. The theory underlying indeterminate sentencing is that a sentencing judge cannot determine in advance the proper length of imprisonment to rehabilitate offenders because he cannot predict what the course of a prisoner's reformation and attitude in prison will be. It is theorized that the period of imprisonment, like a period of hospitalization, is best determined after, not before, admission to the institution. S. Rubin, The Law of Criminal Correction 135 (1963).
I.C. § 19-2513, the indeterminate sentence statute, provides as follows:
In 1977, the legislature enacted I.C. § 19-2513A, the fixed term sentence statute. That section provides as follows:
Thus, under the current sentencing scheme in Idaho, the court, in its discretion, may sentence the convicted felon to either an indeterminate sentence or to a fixed term sentence.
Rawson asserts that the fixed term sentence of I.C. § 19-2513A is unconstitutional on the theory that that section precludes him from receiving a pardon or commutation of his sentence. Rawson correctly points out that Art. IV, § 7 of the Idaho Constitution specifically provides that the board of pardons is vested with the power to grant pardons and commutations in All cases of offenses against the state, except treason or conviction on impeachment.
We do not construe I.C. § 19-2513A as prohibiting the board of pardons from granting a pardon or commutation to an offender sentenced to a fixed term. We note that Rawson has not stated any facts indicating that he has actually been denied a pardon or commutation, nor is there anything in the record before us indicating that the board of pardons has taken the position that I.C. § 19-2513A prevents the board from granting a pardon or commutation of sentence.
In construing statutes, it is generally presumed that legislative acts are constitutional and that the state legislature has acted within its constitutional powers. Worthen v. State, 96 Idaho 175, 525 P.2d 957 (1974); Evans v. Idaho State Tax Comm'n, 95 Idaho 54, 501 P.2d 1054 (1972); Leonardson v. Moon, 92 Idaho 796, 451 P.2d 542 (1969). And, doubts concerning the interpretation of statutes are to be resolved in favor of that which will render them constitutional. State v. Wymore, 98 Idaho 197, 560 P.2d 868 (1977); State v. Jennings, 95 Idaho 724, 518 P.2d 1186 (1974); Leonardson v. Moon, supra; State v. Gibbs, 94 Idaho 908, 500 P.2d 209 (1972).
We hold that the legislature by the enactment of I.C. § 19-2513A did not intend to limit the constitutionally granted pardon and commutation powers of the board of pardons which are set forth in Art. IV, § 7 of the Idaho Constitution. The powers of pardon and commutation are separate and distinct from the power to grant parole. The power of parole is not provided for by Art. IV, § 7 of the Idaho Constitution. I.C. § 19-2513A is intended solely to limit the power of parole and does not restrict either the power of pardon or commutation.
Although not directly raised by the appellant herein, some discussion is warranted as to whether I.C. § 19-2513A actually was intended to prohibit the parole of an offender sentenced to a fixed term. That section simply provides that the court, in its discretion, may sentence the offender to the custody of the state board of corrections for a fixed period of time. There is no specific reference to...
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