State v. Jackson

Chief Justice TROUT,

dissenting from the Court’s opinion.

I write only to indicate that I believe that the trial court is in the best position to make the determination of the appropriate sentence. Where the record reflects that the sentencing judge carefully considered the evidence and statements presented to him and the four goals of sentencing, this Court should set aside the sentence only where reasonable minds could not differ as to the excessiveness of the sentence. State v. Broadhead, 120 Idaho 141, 145, 814 P.2d 401, 405 (1991) (quoting State v. Small, 107 Idaho 504, 505, 690 P.2d 1336, 1337 (1984), overruled in part on other grounds by State v. Brown, 121 Idaho 385, 393, 825 P.2d 482, 490 (1992)). This Court should not substitute its judgment for that of the sentencing judge where reasonable minds could differ as to whether the sentence is necessary to achieve the four goals of sentencing. Id., 120 Idaho at 145, 814 P.2d at 405 (quoting State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct.App.1982)). The record here reflects that the trial judge carefully considered the heinous nature of the offense, the devastating impact on the victims, and the fact that Jackson had previously been convicted of this offense, as well as society’s need to be protected from this type of predator. I find no abuse of discretion and, thus, must respectfully dissent.