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State v. Garner

Supreme Court of Idaho

February 28, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
JASON ZANE GARNER, Defendant-Appellant.

2017 Opinion No. 25

         Appeal from the District Court of the Third Judicial District of the State of Idaho, Canyon County. Hon. Christopher S. Nye, District Judge.

         The judgment of the district court is affirmed.

          Eric D. Fredericksen, State Appellate Public Defender, Boise, for appellant.

          Jenny C. Swinford argued.

          Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent.

          Jessica M. Lorello argued.

          BRODY, Justice.

         Appellant Jason Zane Garner appeals the district court order revoking his probation and reinstating his sentence.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         Garner was charged with three counts of possession of a controlled substance, possession of a controlled substance with intent to deliver, unlawful possession of a firearm, use of a firearm and/or a deadly weapon during the commission of a crime and stalking, all felonies. Pursuant to a plea agreement, he pleaded guilty to one count each of possession of a controlled substance and possession with intent to deliver and entered an Alford[1] plea on the stalking charge. For the drug offenses, Garner received a sentence of two five-year terms of imprisonment, with three years fixed, to be served concurrently. For stalking, Garner received a five-year sentence, with three years fixed, to run consecutively. The district court retained jurisdiction and Garner was assigned to the Correctional Alternative Placement Program for treatment. Garner completed his rider program successfully.

         Following his completion of the rider program, Garner was placed on supervised probation for five years. The terms of his probation included, among other things, that he: (i) not leave the Third Judicial District (Adams, Gem, Canyon, Owyhee, Payette and Washington counties) without written permission from his probation officer; (ii) abide by the No Contact Order entered in the stalking case; and (iii) follow the instructions of his probation officer.

         In May 2015, the stalking victim saw Garner outside Albertson's in Boise. The victim exited her workplace and recognized Garner's Toyota truck about thirty yards away in the parking lot in front of the grocery store. She took pictures of the truck (which were clear enough to reveal his license plate), then left the scene and notified police. Although she did not approach the truck or speak with Garner, she later testified that he was sitting in his truck and appeared to be smiling at her in the rearview mirror. A few days later, the victim reported to police that her neighbors had seen Garner driving past her house repeatedly.

         Following this incident, an arrest warrant was issued for Garner for allegedly violating the terms of probation. Two hearings were subsequently conducted by two different district judges. One judge conducted an evidentiary hearing. A second judge conducted the disposition hearing. At the disposition hearing, Garner's probation officer testified that Garner changed his story repeatedly when asked about his presence in Boise and did not take responsibility for his actions. When asked if Garner's behavior merited imposition of the sentence (or whether he should be placed on another rider), the probation officer testified that further efforts to rehabilitate Garner would likely be unsuccessful. The district court imposed the entire ten-year term of imprisonment, with six years fixed. Garner filed a Rule 35 motion to reduce his sentence. Because Garner did not produce any new or additional evidence to support the motion, it was denied. Garner timely appealed.

         II. ISSUES ...


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