2014 Opinion No. 25
Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Thomas J. Ryan, District Judge.
Sara B. Thomas, State Appellate Public Defender; Ben Patrick McGreevy, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.
GUTIERREZ, Chief Judge. Judge GRATTON and Judge MELANSON CONCUR.
[156 Idaho 232] GUTIERREZ, Chief Judge.
Wayne D. Anderson appeals from his judgment of conviction and sentence for lewd conduct with a minor under sixteen with a mandatory minimum sentencing enhancement for being a repeat offender. Specifically, he contends the district court abused its discretion by denying his motion to withdraw his guilty plea and in imposing sentence. For the reasons set forth below, we affirm.
FACTS AND PROCEDURE
The Nampa Police Department received information that Anderson was sexually abusing his thirteen-year-old daughter, D.A. Police contacted Anderson's wife who reported that two of her minor daughters, C.A. and D.A., told her Anderson had sexually abused them. She stated that when she confronted Anderson about the allegations, he admitted to sexually touching the girls and threatened to commit suicide.
After interviewing the daughters, the officers went to interview Anderson who they found in the process of attempting to take his own life. Anderson admitted to having " groomed" and engaged in sexual contact with D.A. Shortly after the interview, Anderson was hospitalized in a mental facility for several days. For his actions with D.A., Anderson was charged with one count of lewd conduct with a minor child under sixteen, Idaho Code § 18-1508, and one count of sexual abuse of a child under the age of sixteen years, I.C. § 18-1506. He was also charged with two mandatory minimum sentencing enhancements pursuant to Idaho Code § 19-2520G(2) on the basis that he was previously convicted of lewd conduct with a minor under sixteen in 1998 for sexually abusing his oldest daughter, E.A. Anderson was also charged with one count of sexual abuse of a minor under sixteen and a mandatory minimum sentencing enhancement in regard to his alleged abuse of C.A. The cases were consolidated.
Anderson entered an Alford guilty plea to the lewd conduct charge and one mandatory sentencing enhancement in regard to his abuse of D.A. In exchange, the State agreed to dismiss the sexual abuse charge and related sentencing enhancement and to dismiss the charges pertaining to C.A. The State agreed to recommend imposing a determinate term of fifteen years, as required pursuant to the sentencing enhancement. Prior to sentencing, Anderson ...