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State v. Jensen6/6/2003
sentence was six months in jail, which was suspended in its entirety. The sentences were to be served consecutively. The magistrate also imposed a probationary period of two years.
The magistrate thereafter revoked probation, and imposed the balance of Jensen's suspended sentences. Jensen then filed an I.C.R. 35 motion for more lenient sentences. The motion did not assert that the sentences imposed were illegal. The magistrate denied Jensen's Rule 35 motion, noting that Jensen "exhibits an antisocial personality marked by demonstrated disdain for his fellow human creature," was "not subject to rehabilitation," and was "undeterred by punishment, proclaiming that incarceration will only increase his anger, and proclaiming that the court cannot 'teach him a lesson.' " Thus, the magistrate concluded that "[t]he paramount objective of society is best served by separating the defendant for as long as possible, by incarceration."
Jensen appealed to the district court, which addressed three issues raised by Jensen: whether the magistrate abused its discretion in sentencing Jensen, whether the consecutive sentences imposed constituted cruel and unusual punishment, and whether the judgments of conviction for battery upon a police officer and resisting and obstructing officers violated protections against double jeopardy. The district court held that the sentences were not excessive nor cruel and unusual. However, the district court concluded, apparently based upon I.C. § 18-301 (repealed 1995), that Jensen could not be sentenced for both battery upon a police officer and resisting and obstructing officers. The district court remanded the case back to the magistrate for resentencing. The state appeals from the district court's decision, contending that the district court erred in applying a statute that was no longer effective. Jensen cross-appeals, asserting that his punishment for both battery on a police officer and resisting and obstructing an officer violates constitutional jeopardy protections and that the imposition of consecutive sentences was excessive and constituted cruel and unusual punishment.
II.
DISCUSSION
When reviewing a decision of the district court in its appellate capacity, this Court gives attention to the district court's analysis, but focuses on the proceedings before the magistrate. State v. Evans, 134 Idaho 560, 562, 6 P.3d 416, 418 (Ct.App.2000); State v. Thurman, 134 Idaho 90, 93, 996 P.2d 309, 312 (Ct.App.1999). Whether Jensen's prosecution ran afoul of protections against double jeopardy is a question of law subject to free review. State v. Bush, 131 Idaho 22, 33, 951 P.2d 1249, 1260 (1997); State v. Santana, 135 Idaho 58, 63, 14 P.3d 378, 383 (Ct.App.2000).
A. Timeliness of Jensen's Appeal to Challenge His Consecutive Sentences for Battery and Resisting an Officer as Violative of Statutory or Constitutional Protections Against Double Punishment
The state's appeal challenges the district court's appellate holding that Jensen's convictions for battery on a police officer and resisting and obstructing a police officer constituted double punishment for the same acts and therefore violated former I.C. § 18-301. This statute was repealed in 1995, prior to the commission of Jensen's crimes and therefore has no application. Jensen does not dispute this, but instead argues that the sentences run afoul of the Double Jeopardy Clauses of the state and federal constitutions.
We conclude that this challenge to Jensen's sentences was not properly presented to the district court or to this Court because it was not raised by a timely appeal from Jensen's judgment of conviction, and the issue cannot properly be presented through an appeal from an order revoking probation. Appeals from any judgment, order, or decr
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