2014 Unpublished Opinion No. 316
Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Randy J. Stoker, District Judge.
Judgment of conviction and sentence, affirmed.
Sara B. Thomas, State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
After a jury trial, Morrissey was found guilty of conspiracy to commit arson, Idaho Code §§ 18-802(4), 18-1701, and arson in the first degree, I.C. § 18-802(4). The jury also found that Morrissey was a persistent violator, I.C. § 19-2514. As to each offense, the district court imposed a unified sentence of fifteen years, with five years determinate. These sentences ran concurrently with each other but consecutively with sentences in other cases. On appeal, Morrissey argues that the district court erred by failing to order a mental health evaluation and by imposing an excessive sentence. We affirm the judgment of conviction.
Because Morrissey asserts sentencing errors and not trial errors, our recitation of the facts focuses on post-trial issues. Immediately after the jury returned its verdict and was dismissed, the court issued an order that a presentence investigation report be prepared. At that time, the court asked Morrissey's counsel if he would like to request any additional evaluations. Counsel indicated that he was not requesting any additional evaluations.
At the sentencing hearing, neither party disputed the contents of the presentence investigation report (PSI). The report generally showed that Morrissey had significant indicators of mental illness. Morrissey reported a troubled childhood: he suffered oxygen deprivation at birth, a parent physically abused him, and he behaved poorly in school. He and others indicated he had been diagnosed with numerous conditions: a seizure disorder, attention-deficit hyperactivity disorder, bipolar disorder, obsessive compulsive disorder, oppositional-defiant disorder, an unspecified mood disorder, conduct disorder, damage to the limbic region of his brain, and substance dependence. For these conditions, he had been treated with numerous psychotropic medications and had self-medicated by abusing alcohol, marijuana, LSD, cocaine, opium, psilocybin mushrooms, methamphetamine, and prescription opiates.
In addition to Morrissey's reports, the PSI contained a psychiatric discharge summary that was prepared approximately four years before the sentencing hearing. In that document, Morrissey was diagnosed with conduct disorder and an unspecified mood disorder. The discharge summary indicated that Morrissey was not well-suited for care in the community and would best be served by treatment in a penal institution because "he cannot voluntarily cooperate with care." An earlier report, also in the PSI, diagnosed Morrissey with disruptive behavior disorder, attention deficit hyperactivity disorder, mixed seizure disorder, and a mixed developmental disorder.
At the sentencing hearing, the State argued that Morrissey should be imprisoned on several grounds. These included Morrissey's relatively long criminal record including three prior adult felonies by the age of twenty-two. He had been given opportunities for treatment in the community and on a ...