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State of Idaho v. Thomas Edward Peterson

March 19, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
THOMAS EDWARD PETERSON,
DEFENDANT-APPELLANT



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

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

2013 Unpublished Opinion No. 408

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Orders of the district court revoking probation without sentence reduction, affirmed; orders of the district court denying Idaho Criminal Rule 35 motions, affirmed.

Thomas Edward Peterson appeals in Docket Nos. 39146 and 39147 from the orders revoking probation and executing the sentences imposed upon his conviction for felony violation of a no contact order, Idaho Code § 18-920. Peterson also appeals from the district courts' orders denying his Idaho Criminal Rule 35 motions for reduction of sentence in Docket Nos. 39146, 39147, and 39783. We affirm.

I. FACTS AND PROCEDURE

Peterson was convicted in 2007 of domestic assault and three misdemeanor no contact violations. He was placed on supervised probation and ordered to have no contact with the victim, except by telephone. In 2008, the State charged Peterson, in Docket No. 39146, with felony violation of the no contact order. He pled guilty to the charge and the district court imposed a unified term of five years with three years determinate and retained jurisdiction. At the conclusion of the retained jurisdiction period, the district court suspended Peterson's sentence and placed him on probation for five years.

In November 2009, the State filed a motion for probation violation, alleging Peterson violated his probation officer's directive to have no contact with the victim. Peterson admitted the allegation and the district court continued his probation. The district court also issued a written no contact order, providing that Peterson could only contact the victim by telephone.

In June 2010, the State charged Peterson in Docket No. 39147 with felony violation of the no contact order. Peterson pled guilty to the charge and the district court imposed a unified term of five years with one and one-half years determinate, to run concurrently with his sentence in Docket No. 39146. The district court suspended the sentence and placed him on probation for five years. The State also filed a motion for probation violation in Docket No. 39146. Peterson admitted the violation and the district court continued his probation. The district court also ordered that Peterson have no contact with the victim, including telephone contact, until October 2015.

In December 2010, the victim reported to police officers that Peterson had repeatedly called her and repeatedly sent her text messages. Pursuant to a search warrant, officers obtained Peterson's telephone records and discovered that Peterson called the victim 1,368 times and sent her 1,899 text messages in the period subsequent to June 2010. The State charged Peterson, in Docket No. 39783, with felony violation of a no contact order. The State also moved to revoke Peterson's probation in Docket Nos. 39146 and 39147. Pursuant to a plea agreement, Peterson pled guilty to the no contact order violation and admitted to having violated his probation. The district court revoked Peterson's probation and ordered his underlying sentences executed. In Docket No. 39783, the district court imposed a unified term of five years with one and one-half years determinate, to run consecutive to his sentences in Docket Nos. 39146 and 39147.

Peterson filed Rule 35 motions for reduction of sentences in all three cases. The district court denied all the motions. Peterson timely appeals.

II.

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