State v. Thomas11/16/1999
nt during the kidnapping and thus could offer no first- hand knowledge of those events. Defense counsel also said that Ms. Thomas would testify regarding Thomas' clothing on the night of the offense, the circumstances of his arrest, and her contacts with Phillips after the kidnapping. However, the facts to which Ms. Thomas would testify were not described, and counsel's obscure description of the intended testimony demonstrates nothing of any relevance or exculpatory value. In short, the defense made no showing that the exclusion of the testimony would have any adverse effect on Thomas' right to a fair trial. The district court considered the arguments by both parties, performed the requisite balancing test, and concluded that the prejudice to the State outweighed any effect on Thomas' right to a fair trial. Thomas has not shown that this ruling was an abuse of discretion.
B. Abuse of Discretion in Sentencing
The second issue on appeal is whether Thomas' sentence is excessive. He was sentenced to a determinate term of twenty-five years' incarceration for second degree kidnapping plus a fifteen-year enhancement for the use of a weapon in the commission of a felony, for a total determinate term of forty years. This is the maximum sentence that could be imposed. See I.C. §§ 18-4504(2), 19-2520.
We review a sentence on appeal for abuse of the sentenc ing court's discretion. State v. Brown, 121 Idaho 385, 393, 825 P.2d 482, 490 (1992); State v. Wolfe, 99 Idaho 382, 582 P.2d 728 (1978). We will not conclude that a sentencing court abused its discretion unless the sentence is shown to be unreasonable under the facts of the case. Brown, supra; State v. Nice, 103 Idaho 89, 645 P.2d 323 (1982). When called upon to make this evaluation, we examine the nature of the offense and the character of the offender, as revealed through the evidence that was before the trial court. State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984). A sentence is reasonable if it appears at the time of sentencing that the confinement is necessary "to accomplish the primary objective of protecting society and to achieve any or all of the related goals of deterrence, rehabilitation or retribution applicable to a given case." State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). In sentencing, " he primary consideration is, and presumptively always will be, the good order and protection of society." State v. Moore, 78 Idaho 359, 363, 304 P.2d 1101, 1103 (1957). See also State v. Enno, 119 Idaho 392, 409, 807 P.2d 610, 627 (1991); State v. Martinez, 111 Idaho 281, 284, 723 P.2d 825, 828 (1986); State v. Elliott, 121 Idaho 48, 52, 822 P.2d 567, 571 (Ct. App. 1991).
The kidnapping involved here was a very grave offense. Thomas terrorized his victim, leading Phillips to fear for his life. At the sentencing hearing, Phillips testified that, after the kidnapping, he abandoned his self-employment in Idaho and moved away because he feared that he would be killed by Thomas.
Thomas' past record included a 1963 conviction in California for driving under the influence , reckless driving, hit and run and resisting arrest, and a 1967 conviction for theft of a horse. Thomas was also tried in California in 1977 for murder, but the trial ended with a hung jury, and Thomas was not retried.
The factors considered by the district court in imposing sentence included Thomas' conduct after his trial. After receiving the jury's verdict, and pending sentencing, Thomas was free on bond. He purportedly relinquished his passport to the court, but kept a duplicate passport and fled to So
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