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State v. Flores

Supreme Court of Idaho

June 20, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
SONNIE FLORES, Defendant-Appellant.

         2017 Opinion No. 68

         Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. G. Richard Bevan, District Judge.

         District court order relinquishing jurisdiction and declining to reinstate jurisdiction, affirmed.

          Eric D. Fredericksen, Idaho State Appellate Public Defender, Boise, for appellant. Sally J. Cooley, Deputy Appellate Public Defender argued.

          Hon Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Kenneth K. Jorgensen, Deputy Attorney General argued.

          BURDICK, Chief Justice.

         Sonnie Flores appeals from the Twin Falls County district court's orders relinquishing jurisdiction and declining to reinstate jurisdiction. We affirm.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         In September 2012, the State charged Flores with one felony count of eluding a peace officer. Flores pled guilty to the charge. The district court described the subsequent proceedings as follows:

On 01/14/13, a Judgment of Conviction was entered in the case against the defendant. The sentence imposed consisted of a 5-year unified sentence, comprised of a 3-year determinate period of confinement, followed by a 2-year indeterminate period of confinement. However, the execution of said sentence was suspended and the defendant was placed on probation for a period of 4 years. On 01/20/15, this probation was revoked and the original sentence was reinstated. However, the execution of that sentence was again suspended and the defendant was again placed on probation for a period of 2 years. On 08/07/15, this probation was revoked and the original sentence was reinstated. However, pursuant to I.C. § 19-2601(4), the Court suspended the execution of the judgment during the first three hundred sixty-five (365) days of the sentence to the custody of the Idaho State Board of Correction, during which time the Court retained jurisdiction over the defendant.

         Roughly four months after the district court retained jurisdiction on August 7, 2015, the North Idaho Correctional Institution (NICI) filed an addendum to the presentence investigation report (NICI's report) as permitted by Idaho Code section 19-2601(4). NICI's report informed the district court that NICI had classified Flores as a security risk and removed him from the NICI facility. NICI's report detailed Flores's misconduct and gang-oriented behavior and recommended that the district court relinquish jurisdiction. The district court summarized NICI's report as follows:

[NICI's] report describes how FLORES created and possessed gang related items and drawings and was actively involved in workouts that were aimed at encouraging and enforcing gang hierarchy and behavior. He was also closely associated with inmates who were instrumental in planning and carrying out a disciplinary assault and battery on another inmate. Additionally, FLORES was found to have used the PIN numbers of nine other offenders to make personal phone calls. Overall, NICI staff has concluded that FLORES poses a security risk to the program and that therefore, the court should relinquish jurisdiction.

         The district court followed NICI's recommendation and relinquished jurisdiction on December 15, 2015. On December 30, 2015, Flores moved the district court to reinstate jurisdiction so that he could complete his retained jurisdiction program. The district court denied Flores's motion. Flores timely appeals.

         II. ...


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