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State v. Webb

Court of Appeals of Idaho
Feb 27, 2023
No. 49687 (Idaho Ct. App. Feb. 27, 2023)

Opinion

49687

02-27-2023

STATE OF IDAHO, Plaintiff-Respondent, v. DANISHIA WEBB, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, 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UNPUBLISHED OPINION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 Sixth Judicial District, State of Idaho, Bannock County. Hon. Javier Gabiola, District Judge.

Order revoking probation and executing previously suspended sentence, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Kiley A. Heffner, Deputy Appellate Public Defender, Boise, for appellant.

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

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

PER CURIAM

Danishia Webb pled guilty to possession of a controlled substance, Idaho Code § 37-2732(c)(1). The district court imposed a unified sentence of six years, with a minimum period of incarceration of three years, but after a period of retained jurisdiction, suspended the sentence and placed Webb on probation. Following an appeal, this Court affirmed Webb's sentence. State v. Webb, Docket No. 48852 (Ct. App. Nov. 23, 2021). Subsequently, Webb admitted to violating the terms of the probation, and the district court continued her probation. Webb again admitted to violating the terms of the probation, and the district court consequently revoked probation and ordered execution of the previously suspended sentence. Webb 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 has 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 in revoking probation and ordering execution of Webb's sentence. Therefore, the order revoking probation and directing execution of Webb's previously suspended sentence is affirmed.


Summaries of

State v. Webb

Court of Appeals of Idaho
Feb 27, 2023
No. 49687 (Idaho Ct. App. Feb. 27, 2023)
Case details for

State v. Webb

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. DANISHIA WEBB…

Court:Court of Appeals of Idaho

Date published: Feb 27, 2023

Citations

No. 49687 (Idaho Ct. App. Feb. 27, 2023)