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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 38038 STATE OF IDAHO, Plaintiff-Respondent, v. TYLER RAY CARTER, Defendant-Appellant. ) ) ) ) ) ) ) ) ) )

2012 Opinion No. 8 Filed: February 8, 2012 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Thomas F. Neville, District Judge. Sentence for aggravated assault on a corrections officer, vacated and case remanded. Sara B. Thomas, State Appellate Public Defender; Jordan E. Taylor, Deputy Appellate Public Defender, Boise, for appellant. Jordan E. Taylor argued. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued. ________________________________________________ LANSING, Judge Tyler Ray Carter appeals from his conviction for aggravated assault on a correction facility officer, asserting two claims of error that relate to his sentencing proceedings. He contends that two psychological evaluations, conducted to determine his mental competence to aid in his defense, were erroneously included in the presentence investigation report and that the district court should have sua sponte ordered a psychological evaluation for use at sentencing. I. BACKGROUND On May 12, 2009, while Carter was incarcerated at the Idaho Maximum Security Institution in the mental health tier, he caused a disturbance in the shower by breaking a chair and spitting on the window. A response team was called, and Carter was placed in arm and leg restraints. Officer Johnson was among several officers who participated in restraining Carter and

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escorting him back to his cell. As the group was walking, Carter suddenly bent down or leaned forward, and then sprung upward and backward, slamming his head into the right side of Officer Johnson's head. Officer Johnson suffered permanent injuries as a result of the impact. Carter was charged with aggravated battery on a correctional officer, Idaho Code

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