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State v. Gandenberger

Court of Appeals of Idaho

August 6, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
MICHAEL A. GANDENBERGER, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 618

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Elmore County. Hon. R. Barry Wood, District Judge.

Order revoking probation, affirmed.

Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.

LANSING, Judge

Michael A. Gandenberger appeals from the district court's order revoking his probation and executing the underlying sentence. We affirm.

I. BACKGROUND

In November 2010, Gandenberger was convicted of failing to register as a sex offender, Idaho Code §§ 18-8311(1) (2006), 18-8307(4)(a) (2006). In February 2011, the district court imposed a sentence of five years, with one year fixed, but suspended the sentence and placed Gandenberger on probation for five years. In August 2011, a report was filed alleging that Gandenberger was in violation of a term of his probation. The district court found Gandenberger guilty of the violation, revoked probation, and executed the underlying sentence. Gandenberger appeals.

II.

STANDARDS OF REVIEW

A district court's finding of a probation violation will be upheld on appeal if there is substantial evidence in the record to support the finding. State v. Sanchez, 149 Idaho 102, 105, 233 P.3d 33, 36 (2009); State v. Lafferty, 125 Idaho 378, 381, 870 P.2d 1337, 1340 (Ct. App. 1994). This "involves a wholly retrospective factual question." Morrissey v. Brewer, 408 U.S. 471, 479 (1972). To comply with the principles of due process, "a court may revoke probation only upon evidence that the probationer has in fact violated the terms or conditions of probation." Lafferty, 125 Idaho at 381, 870 P.2d at 1340. In the event of conflicting evidence, we will defer to ...


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