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State of Idaho v. Jesse Scott Cornelison

April 11, 2013

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
JESSE SCOTT CORNELISON, DEFENDANT-APPELLANT.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Gooding County. Hon. John K. Butler, District Judge.

The opinion of the court was delivered by: Gutierrez, Chief Judge

2013 Opinion No. 22

Stephen W. Kenyon, Clerk

Order revoking probation and executing reduced sentence of a unified term of four years, with one year determinate, for burglary, affirmed.

Jesse Scott Cornelison appeals from the district court's order revoking his probation and executing a reduced sentence upon a conviction for burglary. Specifically, he argues the district court abused its discretion when it revoked his probation and did not further reduce the length of his sentence. Additionally, Cornelison argues the Idaho Supreme Court denied him due process, equal protection, and effective assistance of counsel in this appeal when it denied his motion to augment the record with certain transcripts of district court proceedings. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

The State charged Cornelison with one count of burglary and one count of petit theft. Pursuant to a plea agreement, Cornelison pled guilty to burglary, Idaho Code § 18-1401, and the State dismissed the other charge. The district court entered a withheld judgment and placed Cornelison on probation. Approximately eight months later, Cornelison admitted to violating the terms of his probation by failing to complete treatment, failing to report to his probation officer, and smoking marijuana. The district court revoked the withheld judgment and executed a unified sentence of five years, with two years determinate, but retained jurisdiction. At the conclusion of Cornelison's period of retained jurisdiction, the district court suspended the sentence and placed Cornelison on probation for a second time. Less than a year later, Cornelison again admitted to violating his probation by consuming alcohol. The district court revoked probation and ordered execution of the underlying sentence, but again retained jurisdiction. At the conclusion of Cornelison's second period of retained jurisdiction, the district court placed Cornelison on probation for a third time. Approximately two months later, Cornelison again admitted to violating the terms of his probation, including changing his residence without prior approval. Despite the violations, the district court released Cornelison on his own recognizance and continued the disposition of the case for a period of six months. Following a hearing after the continuation period, the district court reinstated Cornelison's probation--Cornelison's fourth opportunity to avoid execution of his sentence. Just four months later, the State filed another motion to revoke probation based on new violations of the probation terms. Once again, Cornelison admitted to probation violations. The district court revoked probation and executed a reduced sentence of a unified term of four years, with one year determinate. Cornelison timely appealed.

After filing this appeal, and before assignment to this Court, Cornelison filed a motion to augment the record and suspend the briefing schedule, requesting that the record on appeal be augmented with various transcripts from the prior probation violation proceedings. The State objected to augmenting the record, and the Idaho Supreme Court entered an order denying Cornelison's motion. Upon assignment to this Court, Cornelison presents three issues:

(1) whether the Idaho Supreme Court denied him due process, equal protection, and effective assistance of counsel when it denied his motion to augment the record; (2) whether the district court abused its discretion when it revoked Cornelison's probation; and (3) whether the district court abused its discretion when it failed to further reduce the length of Cornelison's sentence.

II.

ANALYSIS

A. Denial of the Motion to Augment the Record

Cornelison challenges the Idaho Supreme Court's denial of his motion to augment the record on appeal. In his briefs, Cornelison contends the denied transcripts are needed for this Court to adequately review the issues on appeal and that, by denying his motion to augment the record, the Idaho Supreme Court violated his rights to due process, equal protection, and effective assistance of counsel. We recently addressed a nearly ...


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