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State v. Chippewa

Court of Appeals of Idaho

August 6, 2013

STATE OF IDAHO, Plaintiff-Respondent,
v.
DANIEL CHIPPEWA, Defendant-Appellant.

UNPUBLISHED OPINION

2013 Unpublished Opinion No. 617

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. Darren B. Simpson, District Judge.

Order s 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; Daphne J. Huang, Deputy Attorney General, Boise, for respondent.

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

PER CURIAM

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

I.

BACKGROUND

The State charged Chippewa with driving under the influence with a felony enhancement. Pursuant to a plea agreement, Chippewa pleaded guilty to felony driving under the influence and the State agreed to recommend probation. Prior to sentencing, Chippewa was accepted into the Bingham County drug court. Thereafter, the district court imposed a unified sentence of nine years with six years determinate, suspended the sentence, and placed Chippewa on probation with the condition that he satisfactorily complete drug court. Following a report of probation violation, the district court revoked Chippewa's probation and retained jurisdiction. At the close of the retained jurisdiction period, the district court again suspended Chippewa's sentence and placed him on probation.

Chippewa subsequently admitted to violating several terms of his probation. The district court revoked probation and ordered execution of the original sentence. Chippewa filed a motion for reduction of his sentence pursuant to Idaho Criminal Rule 35, which the district court denied. Chippewa appeals, contending that the district court abused its discretion in failing to sua ...


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