Judge denies relief request

SANDPOINT — A former Bonner County man’s quest to be re-sentenced in connection with domestic assault which disfigured his estranged wife was thwarted on Tuesday.

First District Judge Steve Verby granted a state’s motion to summarily dismiss Jeffrey Paul Favreau petition for post-conviction relief, court records indicate.

Favreau, 42, is serving a 10- to 15-year sentence after he pleaded guilty in 2005 to a charge of aggravated battery. Favreau allegedly broke a cast-iron skillet over his former wife’s head, causing a serious head wound.

The woman, now 34, recovered from her injuries and went on to divorce Favreau. He was charged with felony domestic violence and pleaded guilty to an amended charge of assault during a preliminary hearing in magistrate court.

In his bid to be re-sentenced, Favreau claimed Chief Public Defender Isabella Robertson promised him jurisdiction would be retained in his case. Under such an arrangement, a defendant is imprisoned for six months and becomes a candidate for release onto probation.

But that claim was challenged by Chief Deputy Prosecutor Phil Robinson on Tuesday. The state pointed to a transcript of the hearing in which Favreau entered his plea.

Prior to accepting Favreau’s plea, magistrate court Judge Barbara Buchanan methodically advised of the rights he was waiving by admitting the charge. She also reminded he was subject to the maximum sentence at the time of sentencing, court records show.

“Transcripts alone rebut everything Mr. Favreau claims,” said Robinson.

The state buttressed its position with an affidavit from Robertson, who said she followed through with a pledge to recommend retained jurisdiction. Robertson added she would have guaranteed nothing unless the court had agreed to adopt the recommendations.

Verby agreed that the record contradicted Favreau’s claims and dismissed the petition, court documents indicate.

Favreau is imprisoned at the Idaho Correctional Center in Kuna. He becomes eligible for parole in 2015, according to the Idaho Department of Correction.