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State of Idaho v. andrew Dallas Morgan

July 10, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
ANDREW DALLAS MORGAN, DEFENDANT-APPELLANT.



Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail, District Judge.

The opinion of the court was delivered by: Gratton, Chief Judge

2012 Opinion No. 38

Stephen W. Kenyon, Clerk

Order of the Idaho Supreme Court denying motion to augment the record on appeal, affirmed; order of the district court revoking probation, affirmed.

Andrew Dallas Morgan appeals from the Idaho Supreme Court's order denying his motion to augment the record and the district court's order revoking his probation. We affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

The State charged Morgan with one count of burglary, Idaho Code § 18-1401, and three counts of grand theft, Idaho Code §§ 18-2403(1), 2407(1)(b). Pursuant to a plea agreement, Morgan pled guilty to one count of grand theft and the State dismissed the remaining charges. The district court imposed a unified sentence of seven years with two years determinate, ordered Morgan to serve 120 days in the Ada County jail, and then suspended the balance of the sentence and placed Morgan on probation for seven years.

In August 2009, the State filed a report alleging that Morgan violated his probation. The report listed several probation violations including failing to complete the required treatment program, failing to inform his probation officer that he had been terminated from his employment, failing to inform his probation officer that he had been prescribed narcotics, and driving without a license and insurance. On November 29, 2009, Morgan admitted certain violations,*fn1 and on January 14, 2010, the district court revoked his probation but retained jurisdiction. Following the period of retained jurisdiction, the district court again placed Morgan on probation. In May 2011, the State filed a second probation violation report. The report listed several violations including termination from the required treatment program for poor attendance and violations of behavior contract, failing to pay supervision fees and restitution, having contact with another probationer, and using prescriptions contrary to the manner prescribed by his physician. On May 23, 2011, Morgan again admitted certain violations,*fn2 and on July 22, 2011, the district court revoked probation and ordered execution of the original sentence. Morgan filed a timely notice of appeal from the second probation violation disposition order.

On appeal, Morgan filed a motion to suspend the briefing schedule and to augment the appellate record with transcripts of the probation violation admission hearing held November 29, 2009, and the probation violation dispositional hearing held January 14, 2010, that were associated with his first probation violation. The State objected to the motion. The Idaho Supreme Court denied Morgan's motion without comment and reset the due date for the filing of Morgan's appellant's brief. Morgan's appellate brief challenges the Idaho Supreme Court's order denying his motion to augment the record and the district court's order revoking his probation.

II.

ANALYSIS

Morgan claims that the Idaho Supreme Court violated his due process and equal protection rights and his right to effective assistance of counsel by denying his motion to augment the record on appeal. He also contends that the ...


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