State of Idaho v. James Todd Perry

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 50296

STATE OF IDAHO, )
) Filed: June 13, 2023
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
JAMES TODD PERRY, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Derrick J. O’Neill, District Judge.

Order revoking probation and executing previously suspended sentences, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Ben P. McGreevy, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney
General, Boise, for respondent.
________________________________________________

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

PER CURIAM
James Todd Perry was found guilty of forgery (I.C. § 18-3601), burglary (I.C. § 18-1401),
and attempted grand theft (I.C. §§ 18-2403(1), 18-2407(1)(b), 18-2409, and 18-306). The district
court sentenced Perry to concurrent, unified terms of five years, with minimum periods of
confinement of one year, but suspended the sentences and placed Perry on probation. Thereafter,
Perry admitted to violating the terms of his probation. The district court revoked his probation,
but after a period of retained jurisdiction, suspended the sentences and placed Perry on probation.
Subsequently, Perry again admitted to violating the terms of the probation, and the district court
consequently revoked probation and ordered execution of the original sentences. Perry appeals,

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contending that the district court abused its discretion in revoking probation and that the sentences
are excessive.
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. 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.
Sentencing is a matter for the trial court’s discretion. Both our standard of review and the
factors to be considered in evaluating the reasonableness of the 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). Our role is limited to determining whether reasonable minds could
reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150,
154 (Ct. App. 2020).

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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.
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. State v. Morgan,
153 Idaho 618, 621, 288 P.3d 835, 838 (Ct. App. 2012).
Applying these standards, and having reviewed the record in this case, we cannot say that
the district court abused its discretion in either revoking probation or in ordering execution of
Perry’s sentences without modification. Therefore, the order revoking probation and directing
execution of Perry’s previously suspended sentences is affirmed.

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