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State v. Collard

Court of Appeals of Idaho
Oct 31, 2024
No. 51097 (Idaho Ct. App. Oct. 31, 2024)

Opinion

51097

10-31-2024

STATE OF IDAHO, Plaintiff-Respondent, v. GREGGORY MARK COLLARD, Defendant-Appellant.

Erik R. Lehtinen, State Appellate Public Defender; Jacob L. Westerfield, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge.

Order revoking probation and executing previously suspended sentence, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Jacob L. Westerfield, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raul R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Chief Judge; HUSKEY, Judge; and TRIBE, Judge

PER CURIAM

Greggory Mark Collard pled guilty to rape. Idaho Code § 18-6101. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Collard to a unified term of twenty-two years, with a minimum period of confinement of seven years, but after a period of retained jurisdiction, suspended the sentence and placed Collard on probation. Subsequently, Collard admitted to violating the terms of probation, and the district court consequently revoked probation and ordered execution of the original sentence. Collard appeals, contending that the district court abused its discretion in revoking probation.

At the disposition hearing, the district court reduced Collard's minimum period of confinement to five years.

It is within the trial court's discretion to revoke probation if any of the terms and conditions of the probation have been violated. I.C. §§ 19-2603, 20-222; State v. Beckett, 122 Idaho 324, 325, 834 P.2d 326, 327 (Ct. App. 1992); State v. Adams, 115 Idaho 1053, 1054, 772 P.2d 260, 261 (Ct. App. 1989); State v. Hass, 114 Idaho 554, 558, 758 P.2d 713, 717 (Ct. App. 1988). In determining whether to revoke probation a court must examine whether the probation is achieving the goal of rehabilitation and consistent with the protection of society. State v. Upton, 127 Idaho 274, 275, 899 P.2d 984, 985 (Ct. App. 1995); Beckett, 122 Idaho at 325, 834 P.2d at 327; Hass, 114 Idaho at 558, 758 P.2d at 717. The court may, after a probation violation has been established, order that the suspended sentence be executed or, in the alternative, the court is authorized under I.C.R. 35 to reduce the sentence. Beckett, 122 Idaho at 325, 834 P.2d at 327; State v. Marks, 116 Idaho 976, 977, 783 P.2d 315, 316 (Ct. App. 1989). The court may also order a period of retained jurisdiction. State v. Urrabazo, 150 Idaho 158, 162, 244 P.3d 1244, 1248 (2010). A decision to revoke probation will be disturbed on appeal only upon a showing that the trial court abused its discretion. Beckett, 122 Idaho at 325, 834 P.2d at 327. In reviewing the propriety of a probation revocation, the focus of the inquiry is the conduct underlying the trial court's decision to revoke probation. State v. Morgan, 153 Idaho 618, 621, 288 P.3d 835, 838 (Ct. App. 2012). Thus, this Court will consider the elements of the record before the trial court relevant to the revocation of probation issues which are properly made part of the record on appeal. Id.

Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion in either revoking probation or in ordering execution of Collard's sentence. Therefore, the order revoking probation and directing execution of Collard's previously suspended sentence is affirmed.


Summaries of

State v. Collard

Court of Appeals of Idaho
Oct 31, 2024
No. 51097 (Idaho Ct. App. Oct. 31, 2024)
Case details for

State v. Collard

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. GREGGORY MARK COLLARD…

Court:Court of Appeals of Idaho

Date published: Oct 31, 2024

Citations

No. 51097 (Idaho Ct. App. Oct. 31, 2024)