State v. Justin Tyler Savell
Background
- Justin Tyler Savell pleaded guilty to grand theft (I.C. § 56-227) and public assistance fraud (I.C. § 18-3203).
- The district court imposed a unified eight-year sentence (four years determinate) for grand theft and an indeterminate five-year sentence for public assistance fraud, suspended both sentences, and placed Savell on probation.
- Savell later admitted violating probation. The court initially issued a disposition retaining jurisdiction, but upon learning Savell had been ordered to serve a prison term in a separate case, the court amended the disposition, revoked probation, and ordered execution of the original suspended sentences.
- Savell appealed, arguing the court abused its discretion in revoking probation.
- Savell also raised an issue about credit for time served as a condition of probation; the district court later granted the credit and Savell withdrew that issue as moot on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in revoking probation | Savell argued the revocation was an abuse of discretion | Probation was violated; court may revoke to further rehabilitation and protect society; correction was appropriate after learning of separate sentence | Court affirmed: no abuse of discretion in revoking probation |
| Whether denial of credit for time served as a probation condition warranted relief | Savell challenged denial of credit | District court later granted time served | Moot/withdrawn |
Key Cases Cited
- State v. Beckett, 122 Idaho 324, 834 P.2d 326 (Ct. App. 1992) (probation revocation standard and remedies)
- State v. Adams, 115 Idaho 1053, 772 P.2d 260 (Ct. App. 1989) (probation revocation discretion)
- State v. Hass, 114 Idaho 554, 758 P.2d 713 (Ct. App. 1988) (consideration of rehabilitation and public protection)
- State v. Upton, 127 Idaho 274, 899 P.2d 984 (Ct. App. 1995) (revocation inquiry focuses on rehabilitation and public safety)
- State v. Marks, 116 Idaho 976, 783 P.2d 315 (Ct. App. 1989) (court may reduce sentence under I.C.R. 35 after violation)
- State v. Morgan, 153 Idaho 618, 288 P.3d 835 (Ct. App. 2012) (record-limited review of the conduct underlying revocation)