State v. Laura Annette Renz

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 43212
STATE OF IDAHO, ) 2016 Unpublished Opinion No. 364
)
Plaintiff-Respondent, ) Filed: February 2, 2016
)
v. ) Stephen W. Kenyon, Clerk
)
LAURA ANNETTE RENZ, ) THIS IS AN UNPUBLISHED
) OPINION AND SHALL NOT
Defendant-Appellant. ) BE CITED AS AUTHORITY
)
Appeal from the District Court of the Fifth Judicial District, State of Idaho, Cassia
County. Hon. Michael R. Crabtree, District Judge.
Order revoking probation, affirmed.
Sara B. Thomas, State Appellate Public Defender; Eric D. Fredericksen, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before MELANSON, Chief Judge; GUTIERREZ, Judge;
and HUSKEY, Judge
________________________________________________
PER CURIAM
Laura Annette Renz entered an Alford1 plea to attempted grand theft, Idaho Code §§ 18-
2403(1), 18-2407(1)(b), 18-2408(2), and 18-306(5). The district court imposed a unified seven-
year sentence, with a minimum period of confinement of two years, suspended the sentence and
placed Renz on probation. Following a report of probation violation, the district court revoked
Renz’s probation and ordered execution of her sentence, but after a period of retained
jurisdiction, suspended the sentence and placed Renz on probation. Renz admitted to violating
probation and the district court continued her on probation. Subsequently, Renz admitted to
1
See North Carolina v. Alford, 400 U.S. 25 (1970).
1
violating the terms of the probation, and the district court consequently revoked probation and
ordered execution of a reduced sentence of four years with a one-year determinate term. Renz
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 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. 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 in revoking probation. Therefore, the order
revoking probation and directing execution of Renz’s reduced sentence is affirmed.
2