State v. Cortes, 49665

CourtCourt of Appeals of Idaho
Writing for the CourtPER CURIAM
PartiesSTATE OF IDAHO, Plaintiff-Respondent, v. MANUEL SOLOMON CORTES, Defendant-Appellant.
Docket Number49665
Decision Date18 November 2022

STATE OF IDAHO, Plaintiff-Respondent,
v.

MANUEL SOLOMON CORTES, Defendant-Appellant.

No. 49665

Court of Appeals of Idaho

November 18, 2022


UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Lynn G. Norton, District Judge.

Order revoking probation and ordering execution of sentence without modification, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant.

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

Before GRATTON, Judge; HUSKEY, Judge; and BRAILSFORD, Judge

PER CURIAM

Manuel Solomon Cortes was found guilty of aggravated battery with a deadly weapon or instrument, Idaho Code §§ 18-903(a), 18-907(a)(b), and 19-2520. The district court imposed a unified term of fifteen years with two years determinate, suspended the sentence, and placed Cortes on probation for a period of fifteen years. Subsequently, Cortes was found to have violated the terms of the probation, and the district court consequently revoked probation and retained jurisdiction. Following the period of retained jurisdiction, the district court reinstated Cortes' probation. One year later, Cortes was found to have violated his probation and the district court revoked his probation and again retained jurisdiction. After the second period of

1

retained jurisdiction, the district court reinstated Cortes' probation. Several months later, Cortes admitted to violating his probation. The district court revoked Cortes' probation, executed the underlying sentence of fifteen years with two years determinate, and credited Cortes with days served. On appeal, Cortes argues that the district court abused its discretion by declining to retain jurisdiction or reduce his sentence upon revocation.

When we review a sentence that is ordered into execution following a period of probation, we will examine the entire record encompassing events before and after the original judgment. State v. Hanington, 148 Idaho 26, 29, 218 P.3d 5, 8 (Ct. App. 2009). We base our review upon the facts existing when the sentence was imposed as well as events occurring between the original sentencing and the revocation of probation. Id. Thus, this Court will consider the elements of the record before the trial court that are properly made part of the record on appeal and are...

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