State v. Marcus Allen Peltier
Background
- Marcus Allen Peltier pled guilty to grand theft; additional charges were dismissed in exchange for the plea.
- The district court imposed a unified five-year sentence with a two-year minimum, suspended execution, and placed Peltier on supervised probation.
- Peltier later admitted violating probation; the court revoked probation, ordered execution of the sentence, and retained jurisdiction.
- After retained jurisdiction, the court again suspended the sentence and returned Peltier to supervised probation.
- Peltier again violated probation and failed to complete a court-ordered program; the court revoked probation and executed the previously suspended sentence.
- Peltier appealed, arguing the district court abused its discretion in revoking probation.
Issues
| Issue | Peltier's Argument | State's Argument | Held |
|---|---|---|---|
| Did the district court abuse its discretion by revoking probation? | Revocation was an abuse of discretion. | Probation terms were violated, justifying revocation. | No abuse; revocation affirmed. |
| Was execution of the original sentence without modification proper? | Execution was inappropriate or should have been modified. | Record supports execution given violations and court’s discretion. | Execution without modification was permissible and affirmed. |
Key Cases Cited
- State v. Beckett, 122 Idaho 324, 834 P.2d 326 (Ct. App.) (trial court has discretion to revoke probation after violation)
- State v. Adams, 115 Idaho 1053, 772 P.2d 260 (Ct. App.) (probation revocation standard)
- State v. Hass, 114 Idaho 554, 758 P.2d 713 (Ct. App.) (review of probation revocation focuses on rehabilitation and public protection)
- State v. Upton, 127 Idaho 274, 899 P.2d 984 (Ct. App.) (probation revocation guided by rehabilitation and societal protection)
- State v. Marks, 116 Idaho 976, 783 P.2d 315 (Ct. App.) (court may reduce sentence under I.C.R. 35 after violation)
- State v. Morgan, 153 Idaho 618, 288 P.3d 835 (Ct. App.) (appeal review focuses on record of conduct underlying revocation)
