State of Idaho v. Amber Marie Slatten

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 51946

STATE OF IDAHO, )
) Filed: June 24, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
AMBER MARIE SLATTEN, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the First Judicial District, State of Idaho,
Shoshone County. Hon. Barbara Duggan, District Judge.

Order revoking probation and ordering execution of previously suspended reduced
sentence, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Stacey M. Donohue, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney
General, Boise, for respondent.
________________________________________________

Before GRATTON, Chief Judge; HUSKEY, Judge;
and TRIBE, Judge
________________________________________________

PER CURIAM
Amber Marie Slatten pled guilty to burglary, Idaho Code § 18-1401. In exchange for her
guilty plea, additional charges were dismissed. The district court imposed a unified sentence of
eight years, with a minimum period of incarceration of four years, suspended the sentence and
placed Slatten on a term of probation. Subsequently, Slatten admitted to violating the terms of the
probation, and the district court consequently revoked probation and ordered execution of the
original sentence but sua sponte reduced Slatten’s sentence to a unified term of six years, with a

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minimum period of incarceration of three years. Slatten appeals, contending the district court
abused its discretion in revoking probation and imposing the reduced sentence.1
It is within the trial court’s discretion to revoke probation if any of the terms and conditions
of the probation has 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(4). 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.
Slatten also argues the district court erred in imposing the amended sentence, as it was not
necessary or reasonable. Sentencing is also a matter for the trial court’s discretion. Both our
standard of review and the factors to be considered in evaluating the reasonableness of a sentence
are well established and need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-
18, 822 P.2d 1011, 1014-15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869,
871-73 (Ct. App. 1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (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).
When we review a sentence that is ordered into execution following a period of probation,
we will examine the entire record encompassing events before and after the original judgment.

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Slatten also filed an Idaho Criminal Rule 35 motion, which was denied. The denial of
Slatten’s I.C.R. 35 motion is not at issue in this appeal.
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State v. Hanington, 148 Idaho 26, 29, 218 P.3d 5, 8 (Ct. App. 2009). We base our review upon
the facts existing when the sentence was imposed as well as events occurring between the original
sentencing and the revocation of probation. Id. Thus, this Court will consider the elements of the
record before the trial court that are properly made part of the record on appeal. Morgan, 153
Idaho at 621, 288 P.3d at 838.
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 Slatten’s reduced sentence. Therefore, the order revoking probation and directing execution of
Slatten’s previously suspended reduced sentence is affirmed.

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