State v. Dilka, 010219 IDCCA, 45971

Docket Nº:45971
Opinion Judge:PER CURIAM
Party Name:STATE OF IDAHO, Plaintiff-Respondent, v. JASON RAY DILKA, Defendant-Appellant.
Attorney:Eric D. Fredericksen, State Appellate Public Defender; Kim A. Coster, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.
Judge Panel:Before GRATTON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge
Case Date:January 02, 2019
Court:Court of Appeals of Idaho
 
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STATE OF IDAHO, Plaintiff-Respondent,

v.

JASON RAY DILKA, Defendant-Appellant.

No. 45971

Court of Appeals of Idaho

January 2, 2019

UNPUBLISHED OPINION

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Thomas J. Ryan, District Judge.

Order revoking probation and executing the original sentence, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Kim A. Coster, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

Before GRATTON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge

PER CURIAM

Jason Ray Dilka pleaded guilty to possession of a controlled substance, methamphetamine. I.C. § 37-2732(c)(1). The district court sentenced Dilka to a seven-year determinate sentence, suspended the sentence, and placed Dilka on probation. Subsequently, Dilka admitted to violating the terms of probation, and the district court revoked probation and ordered execution of the original sentence. Dilka appeals, contending that the district court abused its discretion by revoking Mr. Dilka's probation and executing his original sentence without a reduction and without retaining jurisdiction.

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...

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