Opinion No. 68
from the District Court of the Fifth Judicial District, State
of Idaho, Twin Falls County. Hon. G. Richard Bevan, District
court order relinquishing jurisdiction and declining to
reinstate jurisdiction, affirmed.
D. Fredericksen, Idaho State Appellate Public Defender,
Boise, for appellant. Sally J. Cooley, Deputy Appellate
Public Defender argued.
Lawrence G. Wasden, Idaho Attorney General, Boise, for
respondent. Kenneth K. Jorgensen, Deputy Attorney General
BURDICK, Chief Justice.
Flores appeals from the Twin Falls County district
court's orders relinquishing jurisdiction and declining
to reinstate jurisdiction. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
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probation was revoked and the original sentence was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 On 08/07/15, this probation was revoked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.
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
[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.
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.