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STATE v. WHEELER, 42747 (2015)

Court: Court of Appeals of Idaho Number: inidco20150729264 Visitors: 7
Filed: Jul. 29, 2015
Latest Update: Jul. 29, 2015
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . Joshua James Wheeler pled guilty to felony domestic violence. I.C. 18-903(a), 18-918(2), and 18-918(4). The district court sentenced Wheeler to a unified term of ten years, with a minimum period of confinement of two years. The district court suspended the sentence and placed Wheeler on probation. Thereafter, Wheeler violated the terms of his probation. The district court revoked probation, ordered execution o
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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Joshua James Wheeler pled guilty to felony domestic violence. I.C. §§ 18-903(a), 18-918(2), and 18-918(4). The district court sentenced Wheeler to a unified term of ten years, with a minimum period of confinement of two years. The district court suspended the sentence and placed Wheeler on probation. Thereafter, Wheeler violated the terms of his probation. The district court revoked probation, ordered execution of the sentence, retained jurisdiction, and sent Wheeler to participate in the rider program.

After Wheeler completed his rider, the district court relinquished jurisdiction. Wheeler appeals, claiming that the district court erred by refusing to grant probation. He also argues his sentence is excessive and constitutes an abuse of discretion.

We note that the decision to place a defendant on probation or whether, instead, to relinquish jurisdiction over the defendant is a matter within the sound discretion of the district court and will not be overturned on appeal absent an abuse of that discretion. State v. Hood, 102 Idaho 711, 712, 639 P.2d 9, 10 (1981); State v. Lee, 117 Idaho 203, 205-06, 786 P.2d 594, 596-97 (Ct. App. 1990). The record in this case shows that the district court properly considered the information before it and determined that probation was not appropriate. We hold that Wheeler has failed to show that the district court abused its discretion in relinquishing jurisdiction.

Wheeler also contends that his sentence is excessive and constitutes an abuse of discretion. Sentences are reviewed for an abuse of discretion. Our appellate standard of review and the factors to be considered when evaluating the reasonableness of a sentence are well-established. State v. Burdett, 134 Idaho 271, 1 P.3d 299 (Ct. App. 2000); State v. Sanchez, 115 Idaho 776, 769 P.2d 1148 (Ct. App. 1989); State v. Reinke, 103 Idaho 771, 653 P.2d 1183 (Ct. App. 1982); State v. Toohill, 103 Idaho 565, 650 P.2d 707 (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).

Wheeler argues that all of the relevant goals of sentencing could have been accomplished with probation. As noted above, however, the district court found that probation was not an appropriate course of action in Wheeler's case. The record does not indicate that the district court abused its discretion in sentencing.

The order of the district court relinquishing jurisdiction and Wheeler's sentence are affirmed.

Source:  Leagle

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