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State of Idaho v. Patrick Ryan Doll

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


April 9, 2013

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
PATRICK RYAN DOLL,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Second Judicial District, State of Idaho, Idaho County. Hon. Michael J. Griffin, District Judge.

Per curiam.

2013 Unpublished Opinion No. 441

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Order revoking probation and executing previously suspended sentence of a unified term of four years, with two years determinate, for felon in possession of a firearm, affirmed.

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

Patrick Ryan Doll pled guilty to felon in possession of a firearm. Idaho Code § 18-3316. The district court sentenced Doll to a unified term of four years, with two years determinate, and retained jurisdiction. After a period of retained jurisdiction, the district court suspended the sentence and placed Doll on probation. Approximately two years later, Doll was found to have violated the terms of his probation. The district court consequently revoked Doll's probation and executed the underlying sentence. Doll appeals, contending the district court abused its discretion by revoking probation.

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. 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.

Applying the foregoing standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion in revoking probation. Therefore, the order revoking probation and executing Doll's previously suspended sentence is affirmed.

20130409

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