State v. Stapleton

• Docket Number: 50497,50498
• Decision Date: 28 December 2023
• Parties: STATE OF IDAHO, Plaintiff-Respondent, v. DAVID DEAN STAPLETON, Defendant-Appellant.
• Court: Idaho Court of Appeals

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STATE OF IDAHO, Plaintiff-Respondent,
v.
DAVID DEAN STAPLETON, Defendant-Appellant.

Nos. 50497, 50498

Court of Appeals of Idaho

December 28, 2023

UNPUBLISHED OPINION

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

Order revoking probation and executing previously suspended sentence, and judgment of conviction and unified sentence of ten years, with a minimum period of incarceration of three years, for felony driving under the influence of alcohol; affirmed.

Erik R. Lehtinen, Interim State Appellate Public Defender; Emily M. Joyce, 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

This appeal involves two consolidated cases. In Docket No. 50497, David Dean Stapleton pleaded guilty to aggravated driving under the influence, Idaho Code § 18-8006. The district court sentenced Stapleton to a unified sentence of ten years, with a minimum period of incarceration of two years, suspended the sentence, and placed Stapleton on a term of probation. Subsequently, Stapleton admitted to violating the terms of his probation, which included admitting to a new charge in Docket No. 50498, and the district court revoked Stapleton's probation and ordered execution of the previously suspended sentence. In Docket No. 50498, Stapleton pleaded guilty

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to operating a motor vehicle while under the influence of alcohol (one felony conviction within fifteen years), I.C. §§ 18-8004, -8005, and the district court imposed a unified sentence of ten years, with a minimum period of incarceration of three years, to run concurrently with the sentence in Docket No. 50497. Stapleton appeals, contending that the district court abused its discretion in revoking probation in Docket No. 50497 and by imposing an excessive sentence in Docket No. 50498.

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...