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State v. Anthony Joel Childers

October 16, 2012

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
ANTHONY JOEL CHILDERS, DEFENDANT-APPELLANT.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia County. Hon. Michael R. Crabtree, District Judge.

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

2012 Unpublished Opinion No. 676

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order denying motion for psychological evaluation, affirmed.

Anthony Joel Childers pleaded guilty to rape and attempted strangulation. On appeal, he asserts that the district court erred when it denied his motion for a psychological evaluation for sentencing purposes. We affirm.

I.

BACKGROUND

This appeal encompasses two consolidated criminal cases. In the first case Childers, then twenty-eight years old, was charged with rape, Idaho Code § 18-6101, and sexual battery of a minor child sixteen or seventeen years of age, I.C. § 18-1508A(1)(a). The second case involved an altercation between Childers and his girlfriend occurring two weeks after the first offenses, where Childers was charged with attempted strangulation, I.C. § 18-923; misdemeanor domestic battery, I.C. § 18-918(3)(b); and misdemeanor malicious injury to property, I.C. § 18-7001. At a consolidated hearing, Childers pleaded guilty to rape and attempted strangulation and, pursuant to a plea agreement, the remaining charges were dismissed. The district court ordered the preparation of a presentence investigation report (PSI) and a psychosexual evaluation (PSE) for sentencing purposes and scheduled a sentencing hearing.

Based on information in the PSE and the PSI, at the scheduled sentencing hearing Childers requested that the district court order a psychological evaluation pursuant to I.C. § 19- 2522 before imposing sentence. The district court denied the request. Childers appeals from the judgments of conviction, challenging only the district court's denial of his motion for a psychological evaluation.

II.

ANALYSIS

Idaho Code § 19-2522 specifies that "[i]f there is reason to believe the mental condition of the defendant will be a significant factor at sentencing and for good cause shown," the court must appoint a psychiatrist or psychologist to evaluate and report upon the defendant's mental condition to inform the court's sentencing decision. The requirements of I.C. § 19-2522 are complimented by Idaho Criminal Rule 32 which specifies the elements to be included in the presentence report. These elements include information on the health of the defendant where relevant to the sentencing decision, I.C.R. 32(b)(8), and, where appropriate, the presentence investigator's analysis and recommendation regarding a psychological examination,

I.C.R. 32(b)(10). The decision whether to obtain a psychological evaluation lies within the sentencing court's discretion. State v. Hanson, 152 Idaho 314, 319, 271 P.3d 712, 717 (2012); State v. Durham, 146 Idaho 364, 366, 195 P.3d 723, 725 (Ct. App. 2008); State v. Craner, 137 Idaho 188, 189, 45 P.3d 844, 845 (Ct. App. 2002). A district court's election not to order a psychological evaluation will be upheld on appeal if the record can support 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 met the requirements of I.C. ยง ...


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