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State v. Goforth

COURT OF APPEALS OF THE STATE OF IDAHO
May 15, 2018
Docket No. 45441 (Idaho Ct. App. May. 15, 2018)

Opinion

Docket No. 45441 2018 Unpublished Opinion No. 452

05-15-2018

STATE OF IDAHO, Plaintiff-Respondent, v. TANNER LEE GOFORTH, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Lara E. Anderson, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 original sentence, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Lara E. Anderson, 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; HUSKEY, Judge; and LORELLO, Judge

____________________

PER CURIAM

Tanner Lee Goforth pleaded guilty to attempted robbery. I.C. §§ 18-6501, 18-306, 18-204. The district court sentenced Goforth to a unified fifteen-year sentence, with five years determinate, but after a period of retained jurisdiction, suspended the sentence and placed Goforth on probation. Subsequently, Goforth admitted to violating the terms of the probation, and the district court consequently revoked probation and ordered execution of the original sentence. Goforth filed an Idaho Criminal Rule 35 motion which the district court denied. Goforth appeals, contending that the district court abused its discretion in revoking probation.

Although Goforth claims in his appellant's brief that the district court abused its discretion by denying his Idaho Criminal Rule 35 motion, he offers no argument or authority to support his assertion. A party waives an issue on appeal if either authority or argument is lacking. State v. Zichko, 129 Idaho 259, 263, 923 P.2d 966, 970 (1996). --------

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 considered incorrect information or abused its discretion in revoking probation. Therefore, the order revoking probation and directing execution of Goforth's previously suspended sentence is affirmed.


Summaries of

State v. Goforth

COURT OF APPEALS OF THE STATE OF IDAHO
May 15, 2018
Docket No. 45441 (Idaho Ct. App. May. 15, 2018)
Case details for

State v. Goforth

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. TANNER LEE GOFORTH…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: May 15, 2018

Citations

Docket No. 45441 (Idaho Ct. App. May. 15, 2018)