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State v. Jensen6/6/2003
This is an appeal and cross-appeal from an intermediate appellate decision of the district court. The state claims error in the district court's conclusion that Lewis Orlando Jensen could not receive separate consecutive sentences for battery and resisting and obstructing officers. Jensen claims error in the district court's conclusion that the magistrate's imposition of consecutive maximum punishments for three misdemeanor offenses was not excessive.
I.
BACKGROUND
Jensen was charged with battery upon a police officer, I.C. §§ 18-903, - 915, resisting and obstructing officers, I.C. § 18-705, and malicious injury to property, I.C. § 18-7001. All three of these offenses are misdemeanors. The evidence presented at trial indicated that in the early morning hours of November 24, 1999, Jensen had been involved in an argument with his wife, Hailey, when Hailey dialed 911 and then hung up. This prompted David Preston, a sheriff's deputy, to travel to the residence pursuant to department policy. When Preston arrived, Jensen stepped out of the residence and told Preston to get off his property. Preston told Jensen that because he was at the residence for a 911 hang-up call, he needed to check the residence. Jensen again told Preston to leave.
Preston then approached the door of the residence, telling Jensen that he needed to check the residence, when Jensen slapped Preston's left hand, knocking Preston's flashlight out of his hand. Preston told Jensen that he was under arrest for battery, to which Jensen replied, "Battery, mother fucker, I will show you battery," and assumed a boxing-style stance, with his fists up. Preston then drew his pepper spray and, after Jensen shoved him on the shoulder, requested his dispatcher to send a back-up officer and then sprayed pepper spray into Jensen's face.
When Preston sprayed Jensen with pepper spray, Jensen fell into his residence, yelling at his wife Hailey for causing him to go to jail. Preston then entered the residence, again telling Jensen that he was under arrest. Jensen instead moved toward Preston, and Preston struck Jensen in the leg with his baton. Preston then followed Jensen through the residence, and a struggle ensued. Preston was not able to handcuff both of Jensen's hands until Frank Csjako, another police officer, arrived.
Preston and Csjako then carried Jensen out of the residence, while Jensen resisted, kicking and jerking back and forth, and expressing profanities toward the officers. Preston and Csjako then placed Jensen in the back seat of Csjako's patrol vehicle, at which point Jensen spit in Preston's face. While Preston and Csjako were speaking to Hailey, Jensen kicked out the rear window of Csjako's patrol vehicle. Preston and Csjako then placed leg restraints on Jensen's legs, and Csjako transported Jensen to the sheriff's office. While Csjako was transporting Jensen to the sheriff's office, Jensen told Csjako, "I know where your children live." At the sheriff's office, Preston, Csjako, and two or three other officers overcame Jensen's resistance and moved him into jail. During this struggle, Jensen spit in Csjako's face.
The subsequently filed charges against Jensen for battery on a police officer and resisting and obstructing an officer were predicated solely on Jensen's behavior in confronting Officer Preston at the residence; no charge was based upon his behavior in **1090 *943 transport to the jail or while at the jail. The jury found Jensen guilty of all charges. For battery upon a police officer, the magistrate sentenced Jensen to one year in jail, which was suspended in its entirety. For resisting and obstructing an officer, the magistrate imposed a sentence of one year in jail, with all but seventy-five days suspended. For malicious injury to property, the
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