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State v. Reed

Court of Appeals of Idaho

May 2, 2018

STATE OF IDAHO, Plaintiff-Respondent,
v.
MATTHEW JOSEPH REED, Defendant-Appellant.

          2018 Opinion No. 20

          Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John T. Mitchell, District Judge.

         Judgment of conviction and sentence, affirmed; order relinquishing jurisdiction and order denying redisposition, reversed and case remanded.

          Eric D. Fredericksen, State Appellate Public Defender; Maya P. Waldron, Deputy Appellate Public Defender, Boise, for appellant.

          Hon. Lawrence G. Wasden, Attorney General; Theodore S. Tollefson, Deputy Attorney General, Boise, for respondent.

          HUSKEY, Judge

         Matthew Joseph Reed appeals from the district court's order relinquishing jurisdiction and the district court's order denying Reed's motion for redisposition. Reed asserts that the district court abused its discretion when it relinquished jurisdiction because Reed had not fulfilled two unqualified conditions the court ordered to be completed prior to Reed being considered for probation. The two conditions were: (1) completion of a polygraph regarding past sex charges and crimes against women, and (2) enrollment in the Good Samaritan Treatment Program. Reed also argues the district court abused its discretion by sentencing Reed based on his criminal history, rather than the possession charge at issue. For the reasons set forth below, we reverse the order relinquishing jurisdiction and the order denying Reed's motion for redisposition, and remand this case for a redetermination before a different judge as to whether Reed's sentence should be suspended and he should be placed on probation. Because the district court did not abuse its discretion when it sentenced Reed, we affirm the judgment of conviction and sentence.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         Reed pleaded guilty to possession of a controlled substance, methamphetamine, Idaho Code § 37-2732(c)(1). At the sentencing hearing, the State recommended that the underlying sentence include a period of retained jurisdiction; Reed requested a period of probation. Although Reed was not confident he could afford a treatment program, he asked the district court to include the Good Samaritan Treatment Program as a condition of his probation. Before making a ruling, the district court asked Reed to explain several of the alleged prior crimes that were listed in Reed's presentence report. The district court also asked Reed about a tattoo on his neck which read "Trust no bitch, " as well as Reed's prior gang affiliation. The district court imposed a determinate seven-year sentence and retained jurisdiction. In addition to requiring Reed to successfully complete the period of retained jurisdiction, the district court imposed two other prerequisites to Reed's probation eligibility. The district court stated:

I will need a polygraph on your return regarding your account of past sexual offenses and past violence towards women, and if you do all those things, then I will not consider you for probation unless you can get into Good Samaritan for ten months.

         The district court offered the following explanation for the sentence:

The reason for the sentence is your criminal record, and while I realize that there were dismissals on the sex crimes that I asked you about, I have severe concerns about your explanation given the fact that there are three different events over the course of four different years--five different years. There's violence to women on multiple occasions. You've got a huge drug problem. You've been to prison. You've joined a gang.

         After successfully completing the period of retained jurisdiction, the Idaho Department of Correction recommended that Reed be placed on probation. At the rider review hearing, the State recommended that Reed be placed on three years of supervised probation. Reed's counsel also requested that Reed be placed on probation. The district court ignored the recommendations and focused on the two conditions it previously imposed--completing the polygraph and enrolling in the Good Samaritan Treatment Program--neither of which Reed had done. When asked whether he was interested in the Good Samaritan Treatment Program, Reed attempted to explain why he failed to enroll in the program: "I didn't have the money at the time because--at that time I said I might have the money, but I didn't have the money. I called them and I told them that and, uh--." Because Reed did not enroll in the Good Samaritan Treatment ...


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