Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Schultz

June 1, 2010

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
OLIVIA KAY SCHULTZ, DEFENDANT-APPELLANT.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia County. Hon. Monte B. Carlson, District Judge.

The opinion of the court was delivered by: Gratton, Judge

2010 Opinion No. 38

Judgment of conviction and unified sentence of eight years with two years determinate for burglary, affirmed.

Olivia Kay Schultz appeals from her judgment of conviction and sentence for burglary. Idaho Code § 18-1401. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Shultz took a restaurant owner's wallet after being allowed to make a call in the restaurant's office. Shultz pled guilty to burglary under I.C. § 18-1401. The district court sentenced Shultz to a unified term of eight years with two years determinate and retained jurisdiction. Following completion of the period of retained jurisdiction, the court suspended Shultz's sentence and placed her on probation for three years. Thereafter, the court revoked her probation for violating its terms, ordered execution of the original sentence, and again retained jurisdiction. Following completion of the second period of retained jurisdiction, the court relinquished jurisdiction and ordered execution of the original sentence. Shultz appeals.

II. ANALYSIS

Shultz argues the district court erred by failing to sua sponte obtain a psychological evaluation before sentencing, erred in relinquishing jurisdiction after the second period of retained jurisdiction, and erred by failing to sua sponte reduce the sentence.

The determination whether to obtain a psychological evaluation lies within the sentencing court's discretion. I.C. § 19-2522(1); I.C.R. 32(d); State v. Jones, 132 Idaho 439, 442, 974 P.2d 85, 88 (Ct. App. 1999). The legal standards governing the court's decision whether to order a psychological evaluation and report are contained in I.C. § 19-2522. Pursuant to I.C. § 19-2522(1), if there is reason to believe that the mental condition of the defendant will be a significant factor at sentencing and for good cause shown, the sentencing court must appoint a psychiatrist or licensed psychologist to examine and report upon the defendant's mental condition.

Previous decisions indicate that even if there is reason to believe the defendant's mental condition will be a significant factor at sentencing, the court nonetheless may deny a request for a new evaluation if the information contained in existing reports satisfies the requirements of I.C. § 19-2522(3). State v. McFarland, 125 Idaho 876, 879, 876 P.2d 158, 161 (Ct. App. 1994). Accordingly, we will uphold the district court's failure to order a psychological evaluation if the record supports a finding that there was no reason to believe a defendant's mental condition would be a significant factor at sentencing, or if the information already before the court adequately meets the requirements of I.C. § 19-2522(3). Id. Where a defendant fails to request a psychological evaluation, or object to the presentence investigation report (PSI) on the ground that an evaluation has not been performed, the defendant must demonstrate that by failing to order a psychological evaluation, the sentencing court manifestly disregarded the provisions of I.C.R. 32. Jones, 132 Idaho at 442, 974 P.2d at 88.

The record does not reflect a reason to believe that Shultz's mental condition would be a significant factor at sentencing. The PSI included a statement from Shultz's adoptive mother regarding her childhood and early life. It is unclear how recent the mother's impression of Shultz was because she had lost track of Shultz and seldom heard from her. Shultz had run away from home and her adoptive parents placed her in a supervised home where she received a psychological evaluation. An August 21, 1992, psychological evaluation stated that Shultz was referred for evaluation for threatening to run away, suspected depression, possible suicidal thoughts, poor school performance, and a general dysfunctional behavior. The evaluation found Shultz to have a low intelligence, but no learning disabilities or attention deficits. No evidence of gross psychopathology of a thought process, hallucination, delusions, paranoid ideations, or active psychotic process was found. The report stated:

[S]eems to be a very sensitive, insecure, sad, inadequate feeling, adolescent female who has had a very rough and traumatic past, has experienced some very negative situations which have done much damage to her psychologically, and as a result she is having difficulty relating now, and coping with what she perceives as a very threatening environment.

The report diagnosed her with dysthymic disorder and ruled out post-traumatic stress disorder.

Evidence in the PSI emphasized that Shultz's troubles came from drug abuse. An April 10, 2006, letter from the Idaho ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.