State v. Adams ( 1978 )

PER CURIAM:

The defendant pleaded guilty to the aggravated battery of his infant daughter. He appeals from the sentence of two years in the state penitentiary imposed by the district court, arguing that it is excessively harsh and an abuse of the trial court’s discretion.

The defendant is married and the father of two daughters — Heidi, born in March, 1974, and Shawna, born in January, 1976. His relationship with the older child was normal in every respect, but the younger daughter would cry whenever he picked her up. The defendant and his wife consulted their physician regarding the younger daughter’s tendency to cry when held by the defendant, but they were unable to resolve the problem.

On Saturday, October 30, 1976, apparently frustrated both by the younger daughter’s continuous crying and by some problems at his employment, the defendant twisted the child’s legs. The baby finally went to sleep and the defendant apparently did not realize that he had broken her legs. On the following Monday, November 1, 1976, again frustrated by the child’s continuous crying and employment problems, the defendant suddenly struck the child with his hand, which later was found to have fractured the child’s skull. The defendant obtained medical assistance for the child, representing that she had fallen from a chair. He later confessed that he had caused the child’s injuries. Some broken ribs were also discovered and the defendant admitted that they were probably the result of a previous incident in which he had squeezed the child to stop her crying.

Following the incident on November 1, the defendant voluntarily began attending therapy sessions at “Parents Anonymous,” a group designed to help parents with child abuse problems, and at the Community Mental Health Center in Spokane, Washington. The injured child is presently in the protective custody of the State of Washington, and a Washington court order prohibits the defendant from visiting her.

The defendant pleaded guilty to an information charging aggravated battery in violation of I.C. § 18-912. He requested an extended probation conditioned on his continued participation in therapy programs at the mental health center and Parents Anonymous and on his strict compliance with the orders of the Washington court concerning visits with his injured daughter. The state made no sentencing recommendations. The district court sentenced the defendant, who had no prior criminal record, to two years in the state penitentiary, observing that incarceration would not be of any rehabilitative value to the defendant but that it might deter others from injuring young children and encourage them to seek help beforehand. Following an unsuccessful motion to the district court for reconsideration of sentence, the defendant brought this appeal.

The two year sentence imposed by the district court is well within the statutory maximum sentence of three years in the penitentiary for the crime to which the defendant pleaded guilty. I.C. § 18-912. See State v. Ogata, 95 Idaho 309, 508 P.2d 141 (1973); State v. Butler, 93 Idaho 492, 464 P.2d 931 (1970). The district court acknowledged that the sentence would be of no rehabilitative value to the defendant, but nevertheless imposed the two year period of incarceration in order to deter others from committing similar offenses. General deterrence is one of the several objectives of criminal punishment and has been held to be a sufficient reason for imposing a prison sentence. See State v. Ogata, supra; State v. Moore, 78 Idaho 359, 304 P.2d 1101 (1957). See also State v. Allen, 98 Idaho 782, 572 P.2d 885 (1977).

Accordingly, we affirm the judgment and sentence imposed. However, we order the district court to retain jurisdiction for 120 days after the remittitur issues, as authorized by I.C. § 19-2601(4), in order to consider any recommendations of the Board of Corrections made pursuant to that section. State v. Jones, 98 Idaho 199, 560 P.2d 870 (1977); State v. Ogata, supra. See also 1.C.R. 35.

The judgment and sentence of the district court is affirmed as modified.