772 P.2d 260 (Idaho App. 1989), 17444, State v. Adams

Docket Nº:17444.
Citation:772 P.2d 260, 115 Idaho 1053
Opinion Judge:BURNETT,
Party Name:STATE of Idaho, Plaintiff-Respondent, v. James Albert ADAMS, Defendant-Appellant.
Attorney:Richard D. Toothman, Deputy Public Defender, Boise, for defendant-appellant. Jim Jones, Atty. Gen. by Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.
Judge Panel:WALTERS, C.J., concurs.
Case Date:April 10, 1989
Court:Court of Appeals of Idaho
 
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Page 260

772 P.2d 260 (Idaho App. 1989)

115 Idaho 1053

STATE of Idaho, Plaintiff-Respondent,

v.

James Albert ADAMS, Defendant-Appellant.

No. 17444.

Court of Appeals of Idaho.

April 10, 1989

Page 261

[115 Idaho 1054] Richard D. Toothman, Deputy Public Defender, Boise, for defendant-appellant.

Jim Jones, Atty. Gen. by Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

BURNETT, Judge.

James Albert Adams appeals from a district court order revoking his probation and directing execution of a previously suspended prison sentence. Two issues are presented: (1) whether Adams' conduct warranted the revocation of his probation; and (2) whether, upon revoking Adams' probation, the judge should have reduced the sentence rather than ordering it fully into execution. We affirm the district court's order.

The essential facts may be recited briefly. Upon a plea of guilty to forgery, Adams received a prison sentence of seven years. The judge specified a term of approximately one and one-half years as the minimum period of confinement. However, the judge suspended the prison sentence and placed Adams on probation for seven years, one of which would be spent in the Ada County jail. The judge informed Adams in open court that if he served the year in jail without violating any laws or jail rules, his probation might be discharged. Conversely, if Adams violated any laws or rules, the probation would be revoked and the prison sentence would be ordered into execution. Adams accepted these terms. Indeed, the probationary arrangement was more favorable to him than a presentence report had recommended. The presentence investigator, noting a prior conviction for armed robbery, had urged no probation for Adams.

Approximately two months after his commitment to the Ada County jail, Adams violated a rule prohibiting disrespect toward jail staff. He called one of the custodial officers a "fat fucker." No action was taken against Adams with respect to his probation, but a disciplinary infraction was noted and Adams was denied a holiday furlough. About one month later, Adams engaged in a verbal altercation with another custodial officer. He used such language as "fuck you ... suck my dick ... you punk, I'll bend you." As the district judge later determined, the word "bend" was a slang expression for anal intercourse. For this misconduct, the state moved to revoke...

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