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State v. Jensen

Court of Appeals of Idaho
Oct 15, 2024
No. 51626 (Idaho Ct. App. Oct. 15, 2024)

Opinion

51626

10-15-2024

STATE OF IDAHO, Plaintiff-Respondent, v. LOUIS JAMES HARVEY JENSEN, Defendant-Appellant.

Erik R. Lehtinen, State Appellate Public Defender; Devin E. Harris, Deputy Appellate Public Defender, Boise, for appellant. Hon. Raul R. Labrador, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Nancy A. Baskin, District Judge.

Order revoking probation, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Devin E. Harris, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raul R. Labrador, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM

Louis James Harvey Jensen pled guilty to possession of a controlled substance. I.C. § 37-2732(c). The district court sentenced Jensen to a unified term of five years, with a minimum period of confinement of two years and suspended the sentence to allow Jensen to participate in drug court. Jensen violated the terms of his probation, and the district court revoked his probation but retained jurisdiction. Following completion of his rider, the district court again suspended Jensen's sentence and placed him on probation. Jensen pled guilty to several unrelated misdemeanors. Based on these crimes, the district court revoked probation, but reinstated Jensen on probation after he served thirty days in a treatment center. Subsequently, Jensen was found to have violated the terms of his probation, and the district court consequently revoked probation and ordered execution of the original sentence. Jensen appeals, contending that the district court abused its discretion in revoking probation.

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 Jensen's sentence. Therefore, the order revoking probation and directing execution of Jensen's previously suspended sentence is affirmed.


Summaries of

State v. Jensen

Court of Appeals of Idaho
Oct 15, 2024
No. 51626 (Idaho Ct. App. Oct. 15, 2024)
Case details for

State v. Jensen

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. LOUIS JAMES HARVEY JENSEN…

Court:Court of Appeals of Idaho

Date published: Oct 15, 2024

Citations

No. 51626 (Idaho Ct. App. Oct. 15, 2024)