State of Idaho v. Cody Allan Bussinger

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 52873

STATE OF IDAHO, )
) Filed: March 4, 2026
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
CODY ALLAN BUSSINGER, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin
Falls County. Hon. Benjamin J. Cluff, District Judge.

Order relinquishing jurisdiction, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Jenny C. Swinford, Deputy
Appellate Public Defender, Boise, for appellant.

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

Before TRIBE, Chief Judge; GRATTON, Judge;
and LORELLO, Judge
________________________________________________
PER CURIAM
Cody Allan Bussinger pled guilty to possession of a controlled substance, Idaho Code
§ 37-2732(c)(1). In exchange for his guilty plea, additional charges were dismissed. The district
court sentenced Bussinger to a unified term of four years, with a minimum period of confinement
of two years, however, the district court suspended the sentence and placed Bussinger on
probation. Subsequently, Bussinger admitted to violating the terms of probation, and the district
court consequently revoked probation and ordered execution of the original sentence but retained
jurisdiction. Prior to Bussinger completing the rider program, the district court received an
addendum to the Presentence Investigation and a letter from the Idaho Department of Correction
recommending the district court relinquish jurisdiction. The district court followed the

1
recommendation and relinquished jurisdiction. Bussinger appeals, claiming that the district court
erred by relinquishing jurisdiction instead of placing him on probation.
The decision to place a defendant on probation or whether, instead, to relinquish
jurisdiction over the defendant is a matter within the sound discretion of the district court and will
not be overturned on appeal absent an abuse of that discretion. State v. Hood, 102 Idaho 711, 712,
639 P.2d 9, 10 (1981); State v. Lee, 117 Idaho 203, 205-06, 786 P.2d 594, 596-97 (Ct. App. 1990).
The record in this case shows that the district court properly considered the information before it
and determined that probation was not appropriate. We hold that Bussinger has failed to show that
the district court abused its discretion in relinquishing jurisdiction. The order of the district court
relinquishing jurisdiction is affirmed.

2