Opinion
48778 48779
12-13-2021
STATE OF IDAHO, Plaintiff-Respondent, v. CHAD ANTHONY REESE, Defendant-Appellant.
Eric D. Fredericksen, State Appellate Public Defender; Jacob L. Westerfield, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, 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UNPUBLISHED OPINION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. Nancy A. Baskin, District Judge.
Orders revoking probation, affirmed.
Eric D. Fredericksen, State Appellate Public Defender; Jacob L. Westerfield, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent.
Before HUSKEY, Chief Judge; LORELLO, Judge; and BRAILSFORD, Judge
PER CURIAM
In cases consolidated for appeal, Chad Anthony Reese pled guilty to possession of a controlled substance, Idaho Code § 37-2732(c), and one count of burglary, I.C. § 18-1401. In exchange for his guilty pleas, additional charges were dismissed. For possession of a controlled substance, the district court imposed a unified sentence of six years with two years determinate and retained jurisdiction. For burglary, the district court imposed a concurrent, unified sentence of ten years with two years determinate and retained jurisdiction. Once Reese completed retained jurisdiction, the district court suspended the sentences and placed Reese on probation. Following multiple reports of probation violations, Reese admitted to violating the terms of the probation, and the district court consequently revoked probation and ordered execution of the original sentences. Reese 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. 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.
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 Reese's sentences. Therefore, the orders revoking probation and directing execution of Reese's previously suspended sentences are affirmed.