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State of Idaho v. Charles Eric Dabney

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


August 16, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
CHARLES ERIC DABNEY,
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.

2012 Unpublished Opinion No. 592

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order revoking probation and executing reduced, unified sentence of nine years, with three years determinate, for domestic violence in the presence of children, affirmed.

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

Charles Eric Dabney pled guilty to domestic violence in the presence of children, Idaho Code §§ 18-903, 18-918(2), (4). The district court imposed a unified sentence of ten years, with four years determinate, but at the completion of a period of retained jurisdiction, suspended the sentence and placed Dabney on probation. A few years later, Dabney was found to have violated his probation; however, the district court continued probation with the additional condition that Dabney serve thirty days in jail. Approximately two years later, Dabney was again found to have violated his probation. Consequently, the district court revoked probation and executed a reduced, unified sentence of nine years, with three years determinate. Dabney appeals, contending the district court abused its discretion in revoking probation and the sentence is 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 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). 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.

Sentencing is also a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of a 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).

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 the probation. Id.

Applying the foregoing standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion either in revoking probation or in ordering execution of the reduced sentence. Therefore, the order revoking probation and reducing Dabney's sentence is affirmed.

20120816

© 1992-2012 VersusLaw Inc.



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