State v. Hernandez

• Docket Number: 50755
• Decision Date: 21 December 2023
• Parties: STATE OF IDAHO, Plaintiff-Respondent, v. JOSEPH LEO HERNANDEZ, Defendant-Appellant.
• Court: Idaho Court of Appeals

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STATE OF IDAHO, Plaintiff-Respondent, v. JOSEPH LEO HERNANDEZ, Defendant-Appellant.

No. 50755

Court of Appeals of Idaho

December 21, 2023

UNPUBLISHED OPINION

Appeal from the District Court of the Fourth Judicial District State of Idaho, Ada County. Hon. Jonathan Medema, District Judge.

Order revoking probation, affirmed.

Erik R. Lehtinen, Interim State Appellate Public Defender; Sally J. Cooley, Deputy Appellate Public Defender, Boise, for appellant.

Hon Raul R. Labrador, Attorney General; Kenneth K. Jorgensen Deputy Attorney General, Boise, for respondent.

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

PER CURIAM

Joseph Leo Hernandez pled guilty to possession of a controlled substance. I.C. § 37-2732(c). In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Hernandez to a unified term of seven years, with a minimum period of confinement of one year, but after a period of retained jurisdiction, suspended the sentence and placed Hernandez on probation. Subsequently, Hernandez admitted to violating the terms of the probation, and the district court consequently revoked probation and ordered execution of the original sentence. Hernandez appeals, contending that the district court abused its discretion in revoking probation.

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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. State v. Urrabazo 150 Idaho 158, 162, 244 P.3d 1244, 1248 (2010). 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...