Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge.
The opinion of the court was delivered by: Lansing, Judge
2012 Unpublished Opinion No. 575
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
Order denying motion to modify judgment of conviction, vacated, and case remanded.
Janet Palma appeals from an order denying her motion to amend her judgment of conviction from a felony to a misdemeanor. We vacate the district court's order and remand for further proceedings.
Palma pleaded guilty to one count of forgery and was sentenced on November 18, 1996, to a unified term of three years' imprisonment with one year fixed. The district court suspended the sentence and placed Palma on probation. Under the terms of her probation, Palma was required to complete fifty hours of community service and graduate from high school or obtain a GED in addition to various other requirements. Prior to the expiration of her probation, Palma was permitted to have her supervision transferred to the state of Arizona via an interstate compact.
On November 13, 1999, a probation officer with the Idaho Department of Correction (IDOC) wrote a letter to the court indicating that Palma had completed some, but not all, of the terms of her probation. Because the IDOC anticipated that the "expense of violating Ms. Palma and attempting to return her to the state of Idaho would no doubt be greater than the completion of a GED, and Community Service," it recommended that Palma "be granted an unsatisfactory discharge from probation." On December 2, the district court entered a discharge order stating that Palma "has unsatisfactorily complied with all of the terms and conditions of her said probation; and that she is now entitled to be discharged and fully released therefrom."*fn1
In May 2011, Palma filed a motion requesting an amendment of the judgment of conviction from a felony to a misdemeanor.*fn2 The court denied Palma's motion after concluding that "Palma's case has already seen the utilization of Idaho Code Section 19-2604(1), albeit by motion of the State," and that her "failure to appeal the unsatisfactory discharge in the Discharge Order waived her current attempt to amend the Judgment by means of Idaho Code § 19- 2604(1)." Palma appeals and asserts that the district court erred by concluding that Palma waived her ability to seek relief under Section 19-2604.
Idaho Code Section 19-2604(1) ...