State v. Rogers, No. 30203.

• Court: Idaho Supreme Court
• Writing for the Court: BURDICK, Justice.
• Citation: 140 Idaho 223,91 P.3d 1127
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Trever Lee ROGERS, Defendant-Appellant.
• Decision Date: 21 May 2004
• Docket Number: No. 30203.

91 P.3d 1127
140 Idaho 223

STATE of Idaho, Plaintiff-Respondent,
v.
Trever Lee ROGERS, Defendant-Appellant

No. 30203.

Supreme Court of Idaho, Boise, April 2004 Term.

May 21, 2004.

91 P.3d 1129

Molly J. Huskey, State Appellate Public Defender; Sara B. Thomas, Deputy State Appellate Public Defender, Boise, for appellant. Sara B. Thomas argued

Hon. Lawrence G. Wasden, Attorney General; Karen A. Hudelson, Deputy Attorney General, Boise, for respondent. Karen A. Hudelson argued.

BURDICK, Justice.

Trevor Lee Rogers appeals from a judgment of conviction and sentences for burglary and grand theft. His contention on appeal is that the district court did not have jurisdiction to sentence him due to a six-year delay between the date of conviction and his sentence. This case is on review from the Court of Appeals.

FACTUAL AND PROCEDURAL BACKGROUND

On April 5, 1994, following a jury trial, Rogers was found guilty of burglary and grand theft. Rogers was released on his own recognizance. On April 25, 1994, the court signed an ex parte order presented by the prosecutor revoking the defendant's release and setting bond in the amount of $15,000. Sentencing was scheduled for May 31, 1994. Rogers did not attend because he had been extradited to Texas to answer charges there. The district court noted, apparently incorrectly, that a warrant for Rogers' arrest had been issued; and the court vacated the sentencing hearing until Rogers could be served with the warrant and returned to Idaho.

On December 7, 1995, the district court received a letter from Rogers informing the court he was incarcerated in Texas. He further stated:

I am writing concerning any possible detainers [or] outstanding warrants in or

91 P.3d 1130

around Bonner County, Sandpoint, Idaho.... Before I was able to go to court, Dallas, Tx. Came and picked me up on a Blue Warrant. So I was never sentenced! Can you tell me if I have a warrant in Bonner County and if I do, how can we take care of this? Your help and speedy reply on this matter will be greatly appreciated.

On December 19, 1995, a Bailiff/Court Security Officer for the county wrote a letter responding to Rogers' inquiry. The bailiff replied, "I was asked by Judge [ ] to check the computer for outstanding warrants that you may have in Bonner County. As of the above date, my computer does not show any warrants that are outstanding in the county."

On March 5, 1996, the district court received another letter from Rogers. He wrote, "I would like to know if it's possible that the charges against me in your courts be run with the charges I have in Texas. If not, I would like a detainer to be placed against me. That way I can get the legal services in the state to help...." The record does not reflect any response from the district court.

On February 10, 1997, the district court held a status conference. The court and the prosecutor discussed whether there was an outstanding warrant for Rogers, and the court recommended that the state attempt to lodge a detainer. The court also noted that it possessed Rogers' address at a Texas penitentiary and that Rogers had, for some time, been requesting that a detainer be filed against him. The prosecutor did not lodge either a warrant or a detainer.

More than three years later, on March 28, 2000, the district court issued a notice of proposed dismissal, advising the prosecution that absent a showing of good cause, Rogers' case would be dismissed pursuant to Idaho Criminal Rule 48(a)(2), on or after April 18, 2000, due to the fact no action had been taken on the case for a year. There is nothing in the record showing any response from the state, although the case was never dismissed.

On August 28, 2000, six years after the original sentencing date, one year after Rogers' discharge from Texas prison, and after voluntarily returning to Idaho and living here, Rogers was sentenced in the Idaho case. The district court imposed concurrent three-year sentences with six months determinate for the burglary and grand theft offenses. Rogers filed a Rule 35 motion for reduction of sentences, which was denied after a hearing. The parties agree that loss of jurisdiction was argued before the trial court. Rogers appealed from his judgment of conviction and sentences for burglary and grand theft on September 19, 2000.

Sentencing records maintained by the Idaho Department of Corrections report that Rogers has been in the custody of the Idaho Department of Corrections since August 2000. He was discharged on June 8, 2003.

The appeal was originally decided by the Court of Appeals in an opinion dated July 17, 2003. This Court granted Rogers' petition for review on November 20, 2003.

ISSUE ON APPEAL

Has Rogers waived his claim of loss of jurisdiction because of an unreasonable sentencing delay?

STANDARD OF REVIEW

When considering a case on review from the Court of Appeals, this Court gives serious consideration to the Court of Appeals; however, this Court reviews the decision of the trial court directly. This Court is not merely reviewing the correctness of the Court of Appeals' decision, rather, this Court is hearing the matter as if the case were on direct appeal from the trial judge's decision. Raudebaugh v. State, 135 Idaho 602, 603, 21 P.3d 924, 925 (2001) (citations omitted.)

ANALYSIS

Mootness

Rogers was released from incarceration June 8, 2003. The Court must first decide if the matter is moot. Generally, an issue is moot if it does not present a real and substantial controversy that is capable of being concluded through judicial decree of specific relief. Idaho Sch. for Equal Educ. Opportunity v. Idaho State Bd. Of Educ., 128

91 P.3d 1131

Idaho 276, 281-282, 912 P.2d 644, 649 (1996). If the parties lack a legally cognizable interest in the outcome or when the issues presented are no longer live, the issues are moot and preclude review. Id. at 281, 912 P.2d at 649. The issue is also moot if a favorable judicial decision would not result in any relief or the party lacks a legally cognizable interest in the outcome. See Murphy v. Hunt, 455 U.S. 478, 481-82, 102 S.Ct. 1181, 1183-84, 71 L.Ed.2d 353, 356-57 (1982)

There are three recognized exceptions to the application of the mootness doctrine. First, an issue is not moot when there is the possibility of collateral legal consequences imposed on the challenger. Butler v. State, 129 Idaho 899, 901, 935 P.2d 162, 164 (1997) (holding a felony conviction has collateral consequences). Second, an exception exists where the challenged conduct is likely to evade judicial review and thus is capable of repetition. Idaho Sch. for Equal Educ. Opportunity, 128 Idaho at 283-84, 912 P.2d at 651-52. Third, an exception applies where an otherwise moot issue raises concerns of substantial public interest. Id. at 284, 912 P.2d at 652.

Generally, after a defendant is released from prison, appeals regarding the excessiveness of a sentence are moot because even a favorable decision could not produce any relief for the defendant. See St. Pierre v. United States, 319 U.S. 41, 63 S.Ct. 910, 87 L.Ed. 1199 (1943); State v. Camp, 134 Idaho 662, 8 P.3d 657 (Ct.App.2000); State v. Henderson, 119 Idaho 579, 580, 808 P.2d 1324 (Ct.App.1991). "After the satisfaction of a judgment in a criminal case there is nothing on which a judgment of the appellate court can act effectively because there is nothing from which to appeal, and further proceedings are moot." State v....