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State of Idaho v. Harley Lynne Orshal

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


August 9, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
HARLEY LYNNE ORSHAL,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Michael E. Wetherell, District Judge.

Per curiam.

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

2012 Unpublished Opinion No. 585

Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of ten years, for aggravated battery, affirmed; order relinquishing jurisdiction, affirmed.

Before GRATTON, Chief Judge; LANSING, Judge; and MELANSON, Judge

Harley Lynne Orshal was convicted of aggravated battery, Idaho Code §§ 18-903(a), 18- 907(a). The district court imposed a unified fifteen-year sentence with a ten-year determinate term and retained jurisdiction. At the conclusion of the retained jurisdiction program, the court relinquished jurisdiction and ordered execution of Orshal's sentence. Orshal appeals the court's decision to relinquish jurisdiction and contends that the court abused its discretion in failing to sua sponte reduce his sentence upon relinquishing jurisdiction.

The decision as to whether to place a defendant on probation or, instead, to relinquish jurisdiction is committed to the discretion of the sentencing court. State v. Hernandez, 122 Idaho 227, 230, 832 P.2d 1162, 1165 (Ct. App. 1992); State v. Lee, 117 Idaho 203, 786 P.2d 594 (Ct. App. 1990); State v. Toohill, 103 Idaho 565, 567, 650 P.2d 707, 709 (Ct. App. 1982). Therefore, a decision to relinquish jurisdiction will not be disturbed on appeal except for an abuse of discretion. State v. Chapman, 120 Idaho 466, 816 P.2d 1023 (Ct. App. 1991). The record in this case shows that the district court properly considered the information before it and determined that probation was not appropriate. We hold that the district court did not abuse its discretion, and we therefore affirm the order relinquishing jurisdiction.

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); Toohill, 103 Idaho at 568, 650 P.2d at 710. 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). Applying the foregoing standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion in ordering execution of Orshal's original sentence, without modification. Therefore, the order relinquishing jurisdiction and directing execution of Orshal's previously suspended sentence is affirmed.

20120809

© 1992-2012 VersusLaw Inc.



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