2014 Opinion No. 13
Appeal from the District Court of the Fifth Judicial District, State of Idaho, Blaine County. Hon. Robert J. Elgee, District Judge.
Judgment of conviction for felony violation of a no-contact order, affirmed.
Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for respondent.
MELANSON, Judge. Chief Judge GUTIERREZ and Judge LANSING, CONCUR.
Pierre J. Saviers appeals from his judgment of conviction for violation of a no-contact order. For the reasons set forth below, we affirm.
FACTS AND PROCEDURE
Saviers was the subject of a no-contact order issued in favor of his soon-to-be ex-wife following an incident involving malicious injury to the ex-wife's property. In two different cases, Savier was charged with violating the no-contact order--once on June 21, 2011, and again on July 7, 2011. Saviers was arrested and arraigned on the misdemeanor charges on separate days and the charges were prosecuted as different cases. However, he pled guilty and was sentenced for both charges on the same day.
Saviers was again charged with violating the no-contact order in January 2012. The state charged the third no-contact violation as a felony based on the two prior convictions within five years. I.C. § 18-920(3). Pursuant to a plea agreement, Saviers pled guilty to the violation of the no-contact order, but requested a bench trial on the felony enhancement. At the trial, Saviers argued that he could not be guilty of a felony because he had pled guilty to the two misdemeanor convictions on the same day. He asserted that this Court's case law treating multiple convictions entered on the same day as one conviction under the persistent violator statute should apply to felony enhancement under the no-contact order statute. The district court rejected this argument, finding that the policies underlying the two statutes are different. It stated that, although the policy underlying the persistent violator statute favors rehabilitation between convictions, the policy underlying misdemeanor enhancement statutes--including the no-contact order,
[156 Idaho 325] driving under the influence, and domestic violence statutes--was toward harsher punishment for repeated violations of those statutes, especially if the violations occur close in time. The district court sentenced Saviers to a unified term of five years, with a minimum period of confinement of three years; ...