2013 Opinion No. 59
Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bear Lake County. Hon. Mitchell W. Brown, District Judge.
Order denying I.C.R. 35 motion for correction of illegal sentence, reversed and remanded.
S. Criss James, Soda Springs, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Daphne J. Huang, Deputy Attorney General, Boise, for respondent. Daphne J. Huang argued.
WALTERS, Judge Pro Tem
Teddy Lynn Edghill appeals from the district court's order denying his I.C.R. 35 motion for correction of an illegal sentence. For the reasons set forth below, we reverse and remand for resentencing with respect to the suspension of Edghill's driver's license.
FACTS AND PROCEDURE
In 1997, Edghill was driving a jeep with several children riding on the front bumper. At one point, Edghill required that the children get inside the jeep and drove to a store. Upon returning from the store, Edghill stopped the jeep and allowed the children to get out and again ride on the front bumper. One of the children either jumped or fell off. Edghill ran over the child with the jeep and the child died a short time later from the injuries sustained in the accident. Edghill was charged with vehicular manslaughter. I.C. § 18-4006(3)(a). He pled guilty and was sentenced to a unified six-year term of incarceration, with a minimum period of confinement of three years. The district court also suspended Edghill's driver's license for life. The district court retained jurisdiction and, at the expiration of the retained jurisdiction period, suspended execution of Edghill's sentence and placed him on probation for four years. However, the lifetime driver's license suspension remained in effect.
Edghill filed an I.C.R. 35 motion, contending that the lifetime suspension of his driver's license was illegal. Edghill also requested leniency in his sentence, seeking a withheld judgment. Following a hearing on Edghill's motion, the district court entered an order denying the request for a withheld judgment. However, the district court took Edghill's motion, insofar as it pertained to the legality of the lifetime suspension of his driver's license, under advisement. The district court issued a separate order finding that the lifetime suspension of Edghill's driver's license was not an illegal sentence. In this order, the district court also stated that it would consider a petition to allow Edghill to apply for a driver's license after the expiration of ten years from the date of the original judgment.
Edghill appealed the district court's order denying his I.C.R. 35 motion. This Court affirmed, holding a lifetime driver's license suspension pursuant to a violation of I.C. § 18-4007(3)(d) was not an illegal sentence. State v. Edghill, 134 Idaho 218, 221, 999 P.2d 255, 258 (Ct. App. 2000). After a period of time, Edghill brought various motions seeking relief from his lifetime license suspension. In response to one of these motions, the district court afforded Edghill a ninety-day conditional driving permit, which allowed Edghill to drive an all-terrain vehicle (ATV) in a limited capacity. When this conditional permit expired, Edghill again petitioned the district court and was again granted a conditional driving permit to operate an ATV, this time for a period of one year. When the one-year permit expired, Edghill again petitioned the district court and was granted a two-year conditional permit to operate his ATV.
In January 2012, Edghill filed another motion to reinstate his driving privileges. The district court denied Edghill's motion and did not grant him any type of conditional driving permit. The district court also ruled the provision of the sentence allowing Edghill to continually petition for driving privileges after ten years was illegal and struck that portion of his sentence.The district court left in place the portion of the sentence suspending Edghill's license for life.Edghill then filed another I.C.R. 35 motion, claiming the driver's license suspension was illegal. The district court denied the motion and further explained its previous ruling--that a portion of the sentence allowing ...