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STATE v. SMITH, 381. (2012)

Court: Court of Appeals of Idaho Number: inidco20120301242 Visitors: 10
Filed: Mar. 01, 2012
Latest Update: Mar. 01, 2012
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Paul Daniel Smith pled guilty to robbery. Idaho Code 18-6501. The district court imposed a unified ten-year sentence with a five-year determinate term. However, the district court granted, in part, Smith's Idaho Criminal Rule 35 motion and placed Smith in the retained jurisdiction program. After the period of retained jurisdiction, the district court suspended the sentence and placed Smith on probation for five ye
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

PER CURIAM.

Paul Daniel Smith pled guilty to robbery. Idaho Code § 18-6501. The district court imposed a unified ten-year sentence with a five-year determinate term. However, the district court granted, in part, Smith's Idaho Criminal Rule 35 motion and placed Smith in the retained jurisdiction program. After the period of retained jurisdiction, the district court suspended the sentence and placed Smith on probation for five years. Smith appealed, asserting that the district court should have further reduced his sentence following the period of retained jurisdiction and this Court affirmed the district court in an unpublished decision. Smith subsequently violated the terms of his probation and the district court revoked probation, retained jurisdiction a second time, and again placed Smith on probation. Thereafter, Smith again was found to have violated several terms of the probation, and the district court consequently revoked probation and ordered execution of the original sentence. Smith 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. 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.

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).

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 the probation. 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 Smith's original sentence without modification. Therefore, the order revoking probation and directing execution of Smith's previously suspended sentence is affirmed.

Source:  Leagle

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