State v. Rickie E. Collins ( 2011 )

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 38607
STATE OF IDAHO, ) 2011 Unpublished Opinion No. 739
)
Plaintiff-Respondent, ) Filed: December 8, 2011
)
v. ) Stephen W. Kenyon, Clerk
)
RICKIE E. COLLINS, ) THIS IS AN UNPUBLISHED
) OPINION AND SHALL NOT
Defendant-Appellant. ) BE CITED AS AUTHORITY
)
Appeal from the District Court of the Third Judicial District, State of Idaho,
Canyon County. Hon. Juneal C. Kerrick, District Judge.
Order revoking probation, affirmed.
Molly J. Huskey, State Appellate Public Defender; Jason C. Pintler, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Jason M. Gray, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before GRATTON, Chief Judge; LANSING, Judge;
and GUTIERREZ, Judge
PER CURIAM
Rickie E. Collins pled guilty to felony driving under the influence of alcohol. Idaho
Code §§ 18-8004, 18-8005. The district court imposed a unified sentence of ten years, with four
years determinate, but after a period of retained jurisdiction, suspended the sentence and placed
Collins on probation. Subsequently, Collins was found to have violated his probation, and the
district court consequently revoked probation. The district court ordered execution of a reduced
sentence of ten years unified, with two and one-half years determinate, pursuant to Idaho
Criminal Rule 35. Collins appeals, contending 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
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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). 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.
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. Therefore, the order
revoking probation is affirmed.
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