State v. Beudert

• Decision Date: 30 November 2022
• Docket Number: 49501
• Parties: STATE OF IDAHO, Plaintiff-Respondent, v. RYAN KELLY BEUDERT, Defendant-Appellant.
• Court: Idaho Court of Appeals

STATE OF IDAHO, Plaintiff-Respondent, v. RYAN KELLY BEUDERT, Defendant-Appellant.

No. 49501

Court of Appeals of Idaho

November 30, 2022

UNPUBLISHED OPINION

Appeal from the District Court of the Seventh Judicial District State of Idaho, Bonneville County. Hon. Joel E. Tingey District Judge.

Order revoking probation, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Jacob L Westerfield, Deputy Appellate Public Defender, Boise, for appellant.

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

Before LORELLO, Chief Judge; HUSKEY, Judge; and BRAILSFORD, Judge

PER CURIAM

Ryan K Beudert pled guilty to possession of methamphetamine, Idaho Code § 37-2732(c)(1). The district court imposed a unified sentence of seven years with three years determinate and retained jurisdiction. Beudert filed an Idaho Criminal Rule 35 motion for reduction of his sentence, which was denied. After Beudert completed retained jurisdiction, the district court suspended the sentence and placed him on probation. Subsequently, Beudert was found to have violated the terms of the probation, and the district court consequently revoked probation and ordered execution of the original sentence. Beudert again filed a Rule 35 motion for reduction of sentence, which the district court denied. Beudert appeals, contending that the district court abused its discretion in revoking probation.

It is within the trial court's discretion to revoke probation if any of the terms and conditions of the probation have been violated. I.C. §§ 19-2603, 20-222; State v Beckett, 122 Idaho 324, 325, 834 P.2d 326, 327 (Ct. App. 1992); State v. Adams, 115 Idaho 1053, 1054, 772 P.2d 260, 261 (Ct. App. 1989); State v. Hass, 114 Idaho 554, 558, 758 P.2d 713, 717 (Ct. App. 1988). In determining whether to revoke probation a court must examine whether the probation is achieving the goal of rehabilitation and consistent with the protection of society. State v. Upton, 127 Idaho 274, 275, 899 P.2d 984, 985 (Ct. App. 1995); Beckett, 122 Idaho at 325, 834 P.2d at 327; Hass, 114 Idaho at 558, 758 P.2d at 717. The court may, after a probation violation has been established, order that the suspended sentence be executed or, in the alternative, the court is authorized under I.C.R. 35 to reduce the sentence. Beckett, 122 Idaho at 325, 834 P.2d at 327; State v. Marks, 116 Idaho 976, 977, 783 P.2d 315, 316 (Ct. App. 1989). The court may also order a period of retained jurisdiction. I.C. § 19-2601(4). A decision to revoke probation will be disturbed on appeal only upon a showing that the trial court abused its discretion. Beckett, 122 Idaho at 325, 834 P.2d at 327. In reviewing the propriety of a probation revocation, the focus of the inquiry is the conduct underlying the trial court's decision to revoke probation. State v. Morgan, 153 Idaho 618, 621, 288 P.3d 835, 838 (Ct. App. 2012). Thus, this Court will consider the...