State v. Bradley Dale Kenyon

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 43480

STATE OF IDAHO, ) 2016 Unpublished Opinion No. 366
)
Plaintiff-Respondent, ) Filed: February 2, 2016
)
v. ) Stephen W. Kenyon, Clerk
)
BRADLEY DALE KENYON, ) THIS IS AN UNPUBLISHED
) OPINION AND SHALL NOT
Defendant-Appellant. ) BE CITED AS AUTHORITY
)

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Darla S. Williamson, District Judge.

Order revoking probation and executing previously suspended sentence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Andrea W. Reynolds, 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 GRATTON, Judge
________________________________________________

PER CURIAM
Bradley Dale Kenyon pled guilty to aggravated driving under the influence. I.C. § 18-
8006. In exchange for his guilty plea, an additional charge was dismissed. The district court
sentenced Kenyon to a unified term of ten years, with a minimum period of confinement of two
years, but after a period of retained jurisdiction, suspended the sentence and placed Kenyon on
probation. Subsequently, Kenyon admitted to violating the terms of the probation, and the
district court consequently revoked probation and ordered execution of the original sentence.
Kenyon filed an I.C.R. 35 motion for reduction of his sentence, which the district court denied.
Kenyon 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 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 and in ordering execution of
Kenyon’s sentence. Therefore, the order revoking probation and directing execution of
Kenyon’s previously suspended sentence is affirmed.

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