899 P.2d 984 (Idaho App. 1995), 21237, State v. Upton

Docket Nº:21237.
Citation:899 P.2d 984, 127 Idaho 274
Opinion Judge:LANSING,
Party Name:STATE of Idaho, Plaintiff-Respondent, v. George UPTON, Defendant-Appellant.
Attorney:Jonathan B. Hull, Kootenai County Public Defender; Andrew Mankowski, Deputy Public, Defender, Coeur d'Alene, for appellant. Andrew Mankowski argued., Hon Alan G. Lance, Atty. Gen.; Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for respondent. Myrna A.I. Stahman argued. Jonathan B. Hull, Kootenai...
Judge Panel:WALTERS, C.J., and PERRY, J., concur.
Case Date:June 27, 1995
Court:Court of Appeals of Idaho
 
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Page 984

899 P.2d 984 (Idaho App. 1995)

127 Idaho 274

STATE of Idaho, Plaintiff-Respondent,

v.

George UPTON, Defendant-Appellant.

No. 21237.

Court of Appeals of Idaho.

June 27, 1995

Jonathan B. Hull, Kootenai County Public Defender; Andrew Mankowski, Deputy Public

Page 985

[127 Idaho 275] Defender, Coeur d'Alene, for appellant. Andrew Mankowski argued.

Hon Alan G. Lance, Atty. Gen.; Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for respondent. Myrna A.I. Stahman argued.

LANSING, Judge.

George Upton appeals from the district court's order revoking probation and imposing previously suspended sentences for two counts of grand theft. He argues that one of the four probation violations found by the district court was not supported by the evidence and that the probation revocation order therefore must be vacated. We conclude that, even absent the challenged violation, the district court would have revoked probation based upon three other undisputed violations and, accordingly, we affirm.

On October 13, 1992, George Upton was convicted of two counts of grand theft, I.C. §§ 18-2403(1), 18-2407(1). These charges arose out of a recreational vehicle sales business operated by Upton and his ex-wife. Upton sold two recreational vehicles to two purchasers. The purchasers paid substantial down-payments and were to pick up their vehicles at a later date. When the purchasers arrived to take possession of their vehicles, the sales lot was vacant and Upton was nowhere to be found. Upton was eventually extradited from California to stand trial on these charges. According to the presentence investigation report, other persons were victimized by the same scheme.

The district court imposed two concurrent sentences of two years determinate followed by eight years indeterminate. The sentences were suspended, however, and Upton was placed on seven years intensive supervised probation.

On February 10, 1994, a probation violation report was filed. This report alleged that Upton had violated probation in four ways: First, Upton had violated condition no. 6 of his probation agreement, which precluded his entry into any financial transactions requiring installment payments. Second, Upton had been charged in Branson, Missouri, with six felonies and was being investigated by Coeur d'Alene authorities for additional charges of grand theft. Third, Upton had submitted a falsified...

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