State v. Johnson

SCHWARTZMAN, Judge,

specially concurring.

I concur in the opinion and reasons stated therein. I write only to note that this whole brouhaha could have been neatly avoided had the trial judge just made the HIV testing a “condition of probation” after Johnson pled guilty and was placed onto probation. Idaho Code § 39-604(4) speaks to persons “charged” with any crime in which body fluid has “likely” been transmitted; it does not address the situation where a person has been “convicted.” Thus, it would have been well within the trial court’s discretion to impose the giving of an HIV test, under the facts enumerated herein, as a condition of Johnson’s probation.