State v. Bickhart
State v. Bickhart
Opinion
The State charged Travas Wayne Bickhart with four counts of rape, I.C. § 18-6101(2), and six counts of sexual battery on a child sixteen or seventeen years of age, I.C. § 18-1508A(1)(a), for sexual offenses Bickhart committed against two separate victims. Bickhart pled guilty to three counts of rape, and three counts of sexual battery on a child sixteen or seventeen years of age. In exchange for his guilty pleas, the State dismissed the remaining charges and agreed not to file additional charges. The district court sentenced Bickhart to concurrent unified terms of twenty years, with minimum periods of confinement of ten years. Bickhart appeals, asserting that the district court abused its sentencing discretion. Specifically, Bickhart claims the district court "downplayed" Bickhart's lack of a prior criminal record "because of the number of charges involved" in this case. According to Bickhart, the district court "effectively sentenced him, a first[-]time offender, as a persistent violator and failed to consider the possibility of rehabilitation in doing so." Thus, Bickhart argues, "the district court's sentencing decision is contrary to the Idaho Supreme Court's repeated holdings" that rehabilitation should be a greater consideration for first-time offenders and such offenders are entitled to more lenient treatment than habitual offenders.
An appellate review of a sentence is based on an abuse of discretion standard.
State v. Burdett
,
The Idaho Supreme Court has stated that "rehabilitation, particularly of first offenders, should usually be the initial consideration in the imposition of the criminal sanction."
State v. McCoy
,
The nature of the offense is considered primarily to determine whether the severity of the sentence is warranted. When looking at the nature of the offense, it is not just the actual harm that is considered but the threatened harm of the conduct as well. The nature of the offense and protection of the public interest go hand-in-hand because the level of protection required corresponds to the severity of the crime. The nature of the offense and protection of the public interest are weighed against the character of the offender to determine a reasonable sentence.
Miller
,
In this case, the district court specifically articulated the four goals of sentencing and noted that each was a factor the district court considered in its sentencing decision. Regarding Bickhart's criminal history, the district court noted the "presentence report shows virtually no prior criminal history." However, the district court stated that Bickhart's lack of a criminal history did not "take away" from the crimes for which Bickhart was sentenced in this case. The district court properly viewed those crimes as serious and their impact on the child victims significant. The district court was fully advised of all of the facts of this case, which it accurately described as "alarming;" it recognized the relevant sentencing considerations; and it exercised reason in imposing six concurrent twenty-year sentences, with ten years determinate, where the maximum possible sentences are life imprisonment. We reject Bickhart's argument that the district court acted contrary to Idaho Supreme Court precedent by improperly "downplaying" Bickhart's criminal history and sentencing him as though he is a persistent violator. Bickhart's judgment of conviction and sentences are affirmed.
Judge GUTIERREZ and Judge HUSKEY concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.