Last modified: Monday, August 11, 2008 10:29 AM PDT

Judge denies final Nawahine motion

Payette — Sheryl Nawahine, Fruitland, will be required to perform sexual offender evaluations as part of her probation for her felony injury of a child conviction after a Canyon County judge denied a motion filed to dismiss that stipulation of her sentence Thursday.

Nawahine, who was 35 at the time, was indicted in September 2007 on three counts of sexual abuse of a minor, who was 16 years of age at the time.

The charges stem from a series of allegedly sexually explicit visual and written communications exchanged between herself and an area teen.

The incident was brought to light when a football coach noticed an alleged sexually explicit photo of Nawahine on the teen’s cell phone.

In June, she pleaded guilty to a lesser charge of one count of felony injury to a child in a plea agreement and received a withheld judgment.

She was sentenced June 13 to two years probation and ordered to pay court costs in the amount of $110.50; obey all criminal laws; obey all terms set by her probation officer; and submit to all searches requested by her probation officer; serve 45 days of discretionary jail, imposed upon request of her supervising officer and with the approval of the court; provide the Idaho State Police with a DNA sample and thumbprint impression.

Should Nawahine violate the terms of her probation, she could face up to five years in prison, with two of those years fixed.

The last stipulation of her sentence — that she complete sexual offender evaluations — will now take effect after Canyon County District Judge Gordon Petrie ruled to deny the modification of her sentence by dismissing that stipulation.

“Judge Gordon Petrie ruled that he would not second guess probation and parole, nor hinder probation and parole in the exercise of their official duties,” according to a press release from Payette County Deputy Prosecuting Attorney Anne-Marie Kelso released Friday.

“Specifically, the Court ruled that the Defendant would be required to submit to the evaluations requested by her probation officer, which includes those evaluations required under the State of Idaho’s Sex Offender Agreement of Supervision,” the press release continued.

In July, when the sentence details were released and Nawahine’s probation terms went into effect, Kelso said the prosecuting attorney’s office would be satisfied with Nawahine’s sentence as long as she completed all of the sentence stipulations, including the sexual offender evaluations.

She said prosecutors felt the evaluations were appropriate and necessary based on the nature of the charge and offense.

“The purpose of parole and probation is to protect the public and rehabilitate the offender,” Kelso said in July.