State v. Robert Cassidy Hansen, 321 P.3d 719

Hansen pled guilty to aggravated DUI and leaving the scene of an injury accident under a plea agreement.
The State recommended three years fixed plus 12 indeterminate years for the DUI and five indeterminate years for leaving the scene, to run concurrently.
A new domestic violence charge was filed against Hansen and consolidated for sentencing.
At sentencing, Hansen presented statements from pastors and others; the State presented statements from Donovan and the domestic violence victim, plus Donovan’s father’s statement.
Hansen objected to Donovan’s father speaking, arguing he was not a victim; the district court admitted the statement.
The district court sentenced Hansen to 3 years fixed plus 12 indeterminate years for the DUI, and 3 years fixed plus 2 indeterminate years for the leaving the scene, with the three terms running concurrently; a separate 5 indeterminate years for domestic violence was ordered to run consecutively, totaling 20 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether admitting the non-victim father’s statement at sentencing was error	Hansen: Donovan’s father is not a victim and cannot give victim impact evidence	Hansen: father’s statement should be excluded as improper victim impact evidence	Admission was proper as non-victim information; discretion allowed but limited by relevance
Whether Hansen may appeal the sentence despite the appellate waiver	Hansen: waiver should allow appeal of all sentences	State: waiver unambiguously limits appeal to the sentence with excessive fixed portion	Waiver precludes appeal of the aggravated DUI sentence; only the leaving the scene sentence is appealable
Whether the leaving the scene sentence was excessive or an abuse of discretion	Hansen: sentence fails to reflect mitigating factors and rehabilitative potential	District court weighed deterrence, punishment, and public protection appropriately	Sentence not excessive; district court acted within discretion and properly considered relevant factors

Grant, 154 Idaho 281 (2013) (recognizing a constitutional right to victim impact statements; limits when necessary to protect other rights)
Lampien, 148 Idaho 367 (2009) (victim’s right to be heard; presentence report considerations)
Matteson, 123 Idaho 622 (1993) (victim impact statements; right to be heard at sentencing)
Payne, 146 Idaho 548 (2008) (limits victim impact statements to immediate family in homicide cases)
Johnson, 101 Idaho 581 (1980) (admissibility of evidence at sentencing; broad discretion normally allowed)
Flowers, 150 Idaho 568 (2011) (no limitation on information about defendant’s background when sentencing)
Gomez, 153 Idaho 253 (2012) (contract interpretation; ambiguity standard for appellate waiver provisions)
Carter, 155 Idaho 170 (2013) (standard of review when reviewing Court of Appeals decisions)