State v. Young

• Citation: 64 P.3d 296,138 Idaho 370
• Decision Date: 26 November 2002
• Docket Number: No. 27705.,27705.
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Steven Paul YOUNG, Defendant-Appellant.
• Court: United States State Supreme Court of Idaho

64 P.3d 296

138 Idaho 370

STATE of Idaho, Plaintiff-Respondent, v. Steven Paul YOUNG, Defendant-Appellant.

No. 27705.

Supreme Court of Idaho, Boise, February 2002 Term.

November 26, 2002.

Rehearing Denied March 3, 2003.

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

Hon. Alan G. Lance, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

ON REVIEW

SCHROEDER, Justice.

This is an appeal by Steven Paul Young (Young) from his conviction for felony injury to a child based upon his failure to seek professional medical care for burns sustained by his son. Young argues that the district court erred by improperly instructing the jury and by admitting unfairly prejudicial evidence, that he received ineffective assistance of counsel, and that his sentence was excessive. The Court of Appeals reversed Young's conviction, finding that the district court's instructions erroneously indicated that the jury only needed to find that Young willfully failed to obtain professional medical treatment for his child, when the statute under which Young was charged requires a finding that he did so with a purpose or willingness to cause his child to suffer. The State petitioned for review.

I. FACTS AND PROCEDURAL BACKGROUND

Young's son, Michael Young (Michael), was born blind, cannot speak, and is developmentally delayed; however, he does have the ability to communicate needs, emotions, and pain. Young and Michael's mother eventually separated, and Michael came to live with Young. Subsequently, Young remarried.

On July 2, 1998, Young placed Michael in bathwater, when, according to Young, he was momentarily distracted by friends who were leaving the house. Although Young testified that Michael did not indicate any discomfort, apparently the water was too hot, and the next morning Michael's feet and buttocks were swollen and blistered. Young treated Michael's burns at home with antibiotic burn packs and aloe vera. Young continued to treat the burns until the early morning of July 6, when, at Young's request, Young's sister took Michael to her house in order to care for him. Later in the day of July 6, Young's sister determined that Michael's burns required professional medical attention and, although Young had not instructed her to do so, she transported Michael to St. Luke's Hospital in Boise. Later that day, Michael was transferred to a burn center in Salt Lake City. The treating physician diagnosed Michael's injuries as "typical immersion burn[s]," and Michael eventually received skin grafts to repair the damage. The physician testified that Michael also developed a urinary tract infection, most likely due to the delay in treating the burns.

Young was charged with felony injury to a child, based upon his act of placing Michael in the bathtub or, alternatively, his "failure to take the child for medical treatment after the child was burned." A jury found Young guilty of felony injury to a child based solely upon his failure to "provide reasonably necessary medical treatment after the child was burned." The district court imposed a sentence of six years, with eighteen months fixed. Young appealed, posing several arguments: 1) the district court erred by improperly instructing the jury regarding the offense of felony injury to a child, 2) the district court erred by failing to instruct the jury regarding the lesser included offense of misdemeanor injury to a child, 3) he received ineffective assistance of counsel, 4) the district court erred in admitting photographs of Michael's injuries into evidence, 5) the district court erred when it denied his motion for a new trial, and 6) the district court abused its discretion in imposing Young's sentence.

The Court of Appeals reversed Young's conviction, remanding the case for a new trial, because it found that the district court's instructions erroneously instructed the jury that in order to find Young guilty, the jury only had to find that he purposefully or willingly caused delay in obtaining medical treatment for Michael, regardless of whether he intended for Michael to suffer or be injured. The Court held that, under the statutes dealing with felony injury to a child, the prosecution was required to show that Young kept Michael at home after he was burned with at least the knowledge that his actions would bring about further injuries or suffering. The State of Idaho petitioned for review.

II. STANDARD OF REVIEW

When considering a case on review from the Court of Appeals, this Court does not merely review the correctness of the decision of the Court of Appeals. Leavitt v. Swain, 133 Idaho 624, 627, 991 P.2d 349, 352 (1999). Rather, this Court acts as though it is hearing the matter on direct appeal from the decision of the trial court; however, this Court does give serious consideration to the decision of the Court of Appeals. Id.

The standard of review for factual issues relating to a jury conviction is whether there is substantial evidence upon which any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt, and the evidence is reviewed in the light most favorable to the State. State v. Daniels, 134 Idaho 896, 898, 11 P.3d 1114, 1116 (2000). When the issue is one of law, this Court has free review. Bouten Constr. Co. v. H.F. Magnuson Co., 133 Idaho 756, 760, 992 P.2d 751, 755 (1999).

III. THE DISTRICT COURT'S INSTRUCTIONS MISSTATED THE LAW AND WERE APT TO CONFUSE OR MISLEAD THE JURY

The propriety of jury instructions is a question of law over which this Court exercises free review. State v. Row, 131 Idaho 303, 310, 955 P.2d 1082, 1089 (1998). This Court has upheld jury instructions that do not strictly comply with those contained in the Idaho Criminal Jury Instructions (ICJI), but this Court has cautioned: "[w]e emphasize, however, that any court which varies from jury instructions previously approved by this Court does so at considerable risk that the verdict rendered will be overturned on appeal." State v. Merwin, 131 Idaho 642, 647, 962 P.2d 1026, 1031 (1998). When reviewing jury instructions, this Court must first ask whether the instructions as a whole, and not individually, fairly and accurately reflect the applicable law. Row, 131 Idaho at 310, 955 P.2d at 1089. To be reversible error, instructions must have misled the jury or prejudiced the complaining party. Id.

Young argues that the district court's jury instructions misstated the law and were apt to confuse and mislead the jury in two ways. First, he argues, the instructions misstated the law regarding a parent's legal duty to secure medical treatment for his or her children. Second, he argues, the instructions misstated the mental state the prosecution was required to show in order to secure a conviction.

Idaho Code section 18-1501(1) provides the following:

Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of such child to be injured, or willfully causes or permits such child to be placed in such situation that its person or health is endangered, is punishable by imprisonment in the county jail not exceeding one (1) year, or in the state prison for not less than one (1) year nor more than ten (10) years.

A plain reading of section 18-1501(1) indicates that its purpose is to punish conduct or inaction that intentionally causes a child to suffer. In this case application of the statute would require that the State prove that Young failed to take the child for medical treatment after the child was burned and that this failure was done with the knowledge that it would cause the child to suffer or would inflict unjustifiable physical pain or mental suffering. The purpose of the statute is not to punish mistakes in judgment that are reviewed in hindsight. If Young knew that failure to take the child for medical care would cause unnecessary suffering or unjustifiable physical pain, then he would be guilty. The question is not limited to the issue of whether he failed to obtain reasonable medical attention. Once established that the child should have received reasonable medical attention, there must be a further showing that the failure to obtain that medical attention was done with knowledge that this would cause unnecessary suffering or unjustifiable physical pain. Otherwise custodians of children may be subjected to criminal penalties for good faith decisions that turn out poorly—innocent mistakes in judgment.

Read by itself section 18-1501(1) leads a jury to the proper analysis. In this case, however, the jury was given Instruction 13 based upon Idaho Code section 18-101(1). Instruction 13 provides the following:

The word "willfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate the law, or to injure another, or to acquire any advantage.

Idaho Code section 18-101(1) provides the following:

The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:

1. The word "wilfully," when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.

Generally giving an instruction in statutory language is not error. However, section 101 has its own built in warning that it is not appropriate in all instances in which the word willfully is used in the charging statute. Section 101...