State of Idaho v. James Ray Holbert

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 52392

STATE OF IDAHO, )
) Filed: February 9, 2026
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
JAMES RAY HOLBERT, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner
County. Hon. Susie Jensen, District Judge.

Order revoking probation, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Justin M. Curtis, 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
James Ray Holbert pled guilty to sexual abuse of a child and intimidating a witness, Idaho
Code §§ 18-1506, 18-2604(3). The district court imposed underlying sentences of ten years with
five years determinate for sexual abuse of a child and a concurrent sentence of five years
determinate for intimidating a witness and retained jurisdiction. Following the period of retained
jurisdiction, the district court suspended the sentence and placed Holbert on probation for a period
of three years. Subsequently, Holbert admitted to violating the terms of the probation, and the
district court consequently revoked probation and ordered execution of the original sentence.
Holbert appeals, contending that the district court abused its discretion in revoking probation.

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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(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.
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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