State v. Katie Marie Jordin

IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 44334 STATE OF IDAHO, ) 2017 Unpublished Opinion No. 334 ) Plaintiff-Respondent, ) Filed: January 26, 2017 ) v. ) Stephen W. Kenyon, Clerk ) KATIE MARIE JORDIN, ) THIS IS AN UNPUBLISHED ) OPINION AND SHALL NOT Defendant-Appellant. ) BE CITED AS AUTHORITY ) Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bonneville County. Hon. Jon J. Shindurling, District Judge. Order revoking probation, affirmed. Eric D. Fredericksen, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ________________________________________________ Before GUTIERREZ, Judge; MELANSON, Judge; and HUSKEY, Judge ________________________________________________ PER CURIAM Katie Marie Jordin pled guilty to felony driving under the influence, Idaho Code §§ 18- 8004, 18-8005(6). The district court imposed a unified sentence of eight years, with a minimum period of confinement of two years, but after a period of retained jurisdiction, suspended the sentence and placed Jordin on probation, with the condition that she successfully complete the Wood Pilot Project program. Subsequently, Jordin admitted to violating the terms of the probation by being terminated from the Wood Pilot Project program, and the district court consequently revoked probation, ordered execution of the original sentence, and retained 1 jurisdiction a second time. Jordin 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. 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 Jordin’s sentence and retaining jurisdiction. Therefore, the order revoking probation, directing execution of Jordin’s previously suspended sentence, and retaining jurisdiction is affirmed. 2