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State v. Nielsen

Court of Appeals of Idaho

May 23, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
KEVIN JOHN NIELSEN, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 512

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Darla S. Williamson, District Judge.

Orders revoking probation and denying motion for reduction of sentence, affirmed.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Nicole L Schafer, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM

In this consolidated appeal, Kevin John Nielsen appeals from the district court's orders revoking probation, and its order denying Nielsen's oral Idaho Criminal Rule 35 motion for reduction of sentence. Nielsen also challenges an Idaho Supreme Court order denying his motion to augment the record for this appeal. We affirm.

I.

BACKGROUND

In Docket No. 39656, the State charged Nielsen with four counts of grand theft by possession of stolen property and one count of possession of a controlled substance. Pursuant to a plea agreement, Nielsen pleaded guilty to three counts of grand theft by possession of stolen property and the remaining charges were dismissed. The district court imposed three concurrent unified sentences of fourteen years with two years fixed, but retained jurisdiction. At the close of the retained jurisdiction period, the district court placed Nielsen on probation.

In Docket No. 39655, Nielsen was charged with possession of a controlled substance and misdemeanor driving without privileges in violation of his probation in Docket No. 39656. Nielsen pleaded guilty to possession of a controlled substance and the remaining charge was dismissed. The district court revoked his probation in Docket No. 39656 and imposed a concurrent unified sentence of seven years with three years determinate in Docket No. 39655, but retained jurisdiction in both cases. Upon completion of retained jurisdiction, Nielsen was again placed on probation. Nielsen subsequently admitted to violating several terms of his probation. The district court revoked Nielsen's probation in both cases and ordered execution of the original sentences in each case to be served concurrently. At the probation violation disposition hearing, Nielsen ...


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