State v. Marks
| Citation | 116 Idaho 976,783 P.2d 315 |
| Decision Date | 30 November 1989 |
| Docket Number | No. 18034,18034 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Margaret Anne MARKS, Defendant-Appellant. |
| Court | Court of Appeals of Idaho |
Alan E. Trimming, Ada County Public Defender, Timothy L. Hansen, Deputy Public Defender, Boise, for defendant-appellant.
Jim Jones, Atty. Gen., Michael A. Henderson, Deputy Atty. Gen., Boise, for plaintiff-respondent.
Margaret Marks appeals from an order of the district court for Ada County revoking her probation and ordering into execution an indeterminate five-year sentence for grand theft. The court also ordered that Marks receive credit for 141 days of incarceration before and after the original judgment. On appeal, Marks argues that the district court abused its discretion by failing to address the proper goals in imposing a sentence following revocation of probation and by not adequately considering her substance abuse problem. She also contends that her sentence should be reduced under I.C.R. 35. We affirm.
After a probation violation has been proven, the decision to revoke probation and to pronounce sentence lies within the sound discretion of the trial court. State v. Roy, 113 Idaho 388, 744 P.2d 116 (Ct.App.1987) citing, State v. Bell, 103 Idaho 255, 646 P.2d 1026 (Ct.App.1982); I.C. § 20-222. In a probation revocation proceeding, the court must decide whether the probationer violated the terms of probation and, if so, whether the probation should be revoked. State v. Case, 112 Idaho 1136, 739 P.2d 435 (Ct.App.1987). If the court answers these questions in the affirmative, and the probationer is subject to a suspended sentence, the court may order the suspended sentence to be executed, or, alternatively, the court is authorized under I.C.R. 35 to reduce the sentence upon revocation. State v. Adams, 115 Idaho 1053, 772 P.2d 260 (Ct.App.1989).
Here, it is clear Marks violated her probation conditions. While on probation she drove while intoxicated, drove without privileges, and obstructed an officer. Moreover, Marks repeatedly violated her curfew requirement. Additionally, Marks left the county without permission and entered into a prohibited financial agreement in violation of the terms of her intense supervision. The district court's finding that Marks was in violation of the terms of her probation is fully supported by the record.
Next we determine whether the court abused its discretion in revoking Marks' probation. Marks demonstrated a reckless disdain for the authority of the court by repeatedly violating probation conditions. Even after the trial court sternly warned her to refrain from any conduct not expressly permitted by her probation officer, Marks violated her curfew and engaged in conduct demonstrating a willingness to bring harm upon herself (taking a drug overdose) or upon others (driving under the influence). Under the circumstances, we can find no reason to conclude that the court abused its discretion in holding that probation should be revoked.
Neither are we persuaded by Marks' argument...
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State Of Idaho v. Allen
...28, 218 P.3d 5, 7 (Ct. App. 2009); State v. Beckett, 122 Idaho 324, 325, 834 P.2d 326, 327 (Ct. App. 1992); State v. Marks, 116 Idaho 976, 977, 783 P.2d 315, 316 (Ct. App. 1989). A decision to refuse to reduce the sentence earlier pronounced will be disturbed on appeal only upon a showing t......
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State v. Toler, Docket No. 32870 (Idaho App. 9/30/2008)
...authorized under Idaho Criminal Rule 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). A decision to revoke probation will be disturbed on appeal only upon a showing that the trial court abused its d......
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State v. McCallum
...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. A decision to revoke probation will ......
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...order a sentence of imprisonment, or to continue probation. State v. Knowlton, 123 Idaho 916, 854 P.2d 259 (1993); State v. Marks, 116 Idaho 976, 783 P.2d 315 (Ct.App.1989). The decision to revoke probation will not be overturned on appeal absent a showing that the court abused its discreti......