State v. Jack J. Cooney, Jr.
Background
- Defendant Jack J. Cooney Jr. pled guilty to one count of felony DUI under Idaho law and received a unified five-year sentence with a two-year minimum, but the court retained jurisdiction and later suspended the sentence in favor of probation.
- While on probation, Cooney incurred new charges in a separate case and admitted to violating his probation terms.
- The district court revoked Cooney’s probation based on that violation.
- Upon revocation, the district court ordered execution of the original suspended sentence to run concurrently with the sentence from the new case.
- Cooney appealed, arguing the court abused its discretion in revoking probation and ordering execution of the prior sentence without modification.
- The appellate court reviewed the record of events before and after the original sentencing and affirmed the district court’s actions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion in revoking probation | Cooney: revocation was an abuse of discretion | State: revocation proper because probation conditions were violated | Affirmed — no abuse of discretion in revocation |
| Whether the trial court abused its discretion by ordering execution of the suspended sentence without reducing it | Cooney: court should have reduced sentence upon revocation | State: execution appropriate; court may order execution, reduce sentence, or retain jurisdiction | Affirmed — execution without modification was within discretion |
Key Cases Cited
- State v. Beckett, 122 Idaho 324, 834 P.2d 326 (Ct. App.) (probation revocation standard and sentencing options after violation)
- State v. Hass, 114 Idaho 554, 758 P.2d 713 (Ct. App.) (probation revocation discretion)
- State v. Upton, 127 Idaho 274, 899 P.2d 984 (Ct. App.) (rehabilitation and public protection as revocation considerations)
- State v. Morgan, 153 Idaho 618, 288 P.3d 835 (Ct. App.) (review includes record elements relevant to revocation and post-sentencing events)
- State v. Hanington, 148 Idaho 26, 218 P.3d 5 (Ct. App.) (review of entire record before and after original judgment when sentence is executed after probation)
- State v. Marks, 116 Idaho 976, 783 P.2d 315 (Ct. App.) (court may reduce sentence under I.C.R. 35 after probation violation)