State v. Johnson ( 2018 )


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  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 45664
    STATE OF IDAHO,                                )
    )   Filed: August 20, 2018
    Plaintiff-Respondent,                   )
    )   Karel A. Lehrman, Clerk
    v.                                             )
    )   THIS IS AN UNPUBLISHED
    TAMBOREE NICHOLE JOHNSON,                      )   OPINION AND SHALL NOT
    )   BE CITED AS AUTHORITY
    Defendant-Appellant.                    )
    )
    Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
    County. Hon. Deborah A. Bail, District Judge.
    Order revoking probation and executing the underlying sentence, affirmed.
    Eric D. Fredericksen, State Appellate Public Defender; Lara E. Anderson, 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; HUSKEY, Judge;
    and LORELLO, Judge
    ________________________________________________
    PER CURIAM
    Tamboree Nichole Johnson pleaded guilty to felony possession of a controlled substance.
    I.C. § 37-2732(c). The district court sentenced Johnson to a unified sentence of seven years,
    with two years determinate, but after a period of retained jurisdiction, suspended the sentence
    and placed Johnson on probation. Subsequently, Johnson admitted to violating the terms of the
    probation, and the district court consequently revoked probation and ordered execution of the
    original sentence. Johnson 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 Johnson’s sentence.      Therefore, the order revoking probation and directing
    execution of Johnson’s previously suspended sentence is affirmed.