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State v. Cruz

COURT OF APPEALS OF THE STATE OF IDAHO
May 22, 2018
Docket No. 45529 (Idaho Ct. App. May. 22, 2018)

Opinion

Docket No. 45529 2018 Unpublished Opinion No. 467

05-22-2018

STATE OF IDAHO, Plaintiff-Respondent, v. JOSE MANUEL CRUZ, JR., Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail, District Judge. Order revoking probation and executing the underlying sentence, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GRATTON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Jose Manuel Cruz, Jr. pleaded guilty to felony domestic battery, Idaho Code § 18-918(2). The district court sentenced Cruz to a unified ten-year sentence, with three years determinate, but after a period of retained jurisdiction, suspended the sentence and placed Cruz on probation. Subsequently, Cruz admitted to violating the terms of the probation, and the district court consequently revoked probation and ordered execution of the original sentence. Cruz appeals, contending that the district court abused its discretion in revoking probation and that the sentence is excessive.

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. I.C. § 19-2601. 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 the foregoing standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion in revoking probation. Therefore, the order revoking probation and directing execution of Cruz's previously suspended sentence is affirmed.


Summaries of

State v. Cruz

COURT OF APPEALS OF THE STATE OF IDAHO
May 22, 2018
Docket No. 45529 (Idaho Ct. App. May. 22, 2018)
Case details for

State v. Cruz

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. JOSE MANUEL CRUZ, JR.…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 22, 2018

Citations

Docket No. 45529 (Idaho Ct. App. May. 22, 2018)