October 26, 2012; withdrawn and opinion filed December 19, 2012
Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. G. Richard Bevan, District Judge.
The opinion of the court was delivered by: Gutierrez, Judge
Judgment of conviction for aggravated driving under the influence and leaving the scene of an injury accident, affirmed.
Robert Cassidy Hansen appeals from his judgment of conviction for aggravated driving under the influence of alcohol and leaving the scene of an injury accident. For the reasons set forth below, we affirm.
Hansen was charged with aggravated driving under the influence (DUI), Idaho Code § 18-8006, and leaving the scene of an injury accident, I.C. § 18-8007, after he struck and injured a motorcyclist while driving intoxicated and then fled the accident scene. He pled guilty to the charges pursuant to a plea agreement, which contained a provision addressing Hansen's appellate rights:
By accepting this offer the defendant waives the right to: (1) file a Rule 35 Motion (except as to an illegal sentence) and (2) appeal any issues in this case, including all matters involving the plea or the sentencing and any rulings made by the court, including all suppression issues. However, the defendant may appeal the sentence if the Court exceeds the determinate portion of the State's sentencing recommendation of the "Jail/Prison terms" set forth above.
At the sentencing hearing, the district court allowed the victim's father to make a statement, over Hansen's objection. The State, per its agreement with Hansen, recommended he be sentenced to a unified term of fifteen years, with three years determinate, for the aggravated DUI conviction and a unified sentence of five years, with two years determinate, for the conviction of leaving the scene of an injury accident. The district court imposed the recommended sentence as to the aggravated DUI conviction, but imposed a unified sentence of five years, with three years determinate, for the conviction of leaving the scene of an injury accident. The court ordered the two sentences to run concurrently.
Hansen filed an Idaho Criminal Rule 35 motion, which the district court denied. Hansen now appeals.
Hansen initially contends he may appeal both sentences despite the waiver contained in the plea agreement. Additionally, he argues the district court erred in allowing the victim's father to present an impact statement at sentencing because the father did not qualify as a "victim" pursuant to Idaho statute. He argues this error was not harmless. Hansen also contends the sentences imposed are excessive under any reasonable view of the facts.
Initially, Hansen contends his plea agreement does not preclude him from appealing both sentences since the district court exceeded the State's sentencing recommendation as to Hansen's conviction for leaving the scene of an injury accident. The State argues Hansen may appeal only ...