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State v. Elmeier

Court of Appeals of Idaho
Mar 1, 2023
No. 49874 (Idaho Ct. App. Mar. 1, 2023)

Opinion

49874

03-01-2023

STATE OF IDAHO, Plaintiff-Respondent, v. STEPHANIE ANN ELMEIER, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Patrick J. Miller, District Judge.

Order revoking probation, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant.

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

Before GRATTON, Judge; HUSKEY, Judge; and BRAILSFORD, Judge

PER CURIAM

Stephanie Ann Elmeier pled guilty to possession of methamphetamine, Idaho Code § 37-2732(c), and misdemeanor operating a motor vehicle while under the influence (second offense), I.C. §§ 18-8004, 18-8005(4). In exchange for her guilty plea, additional charges were dismissed. The district court imposed a unified sentence of five years with two years determinate for possession of methamphetamine and a concurrent sentence of sixty days in jail for the misdemeanor. The district court suspended the sentence for possession and placed Elmeier on probation. Elmeier violated the terms of her probation two years later, and the district court placed her back on probation. Subsequently, Elmeier admitted to violating the terms of the probation again, and the district court consequently revoked probation and ordered execution of the sentence, giving 134 days of credit for time served and reducing the determinate term by 111 days. Elmeier 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 Idaho Criminal Rule 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(4). 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.

Sentencing is also a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of a sentence are well established and need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant's entire sentence. State v. Oliver, 144 Idaho 722, 726, 170 P.3d 387, 391 (2007). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020).

When we review a sentence that is ordered into execution following a period of probation, we will examine the entire record encompassing events before and after the original judgment. State v. Hanington, 148 Idaho 26, 29, 218 P.3d 5, 8 (Ct. App. 2009). We base our review upon the facts existing when the sentence was imposed as well as events occurring between the original sentencing and the revocation of probation. Id. Thus, this Court will consider the elements of the record before the trial court that are properly made part of the record on appeal. Morgan, 153 Idaho at 621, 288 P.3d at 838.

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


Summaries of

State v. Elmeier

Court of Appeals of Idaho
Mar 1, 2023
No. 49874 (Idaho Ct. App. Mar. 1, 2023)
Case details for

State v. Elmeier

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. STEPHANIE ANN ELMEIER…

Court:Court of Appeals of Idaho

Date published: Mar 1, 2023

Citations

No. 49874 (Idaho Ct. App. Mar. 1, 2023)