State v. Patrick Lee O'Neil
Background
- Patrick Lee O’Neil pled guilty to two counts: delivery of methamphetamine and delivery of heroin under I.C. § 37-2732(a)(1)(A).
- The district court imposed concurrent unified twelve-year sentences with five years determinate, suspended those sentences, and placed O’Neil on seven years’ probation conditioned on successful completion of problem-solving court.
- O’Neil later admitted to violating probation terms.
- The district court revoked probation and ordered execution of the original suspended sentences.
- O’Neil appealed, arguing the court abused its discretion in revoking probation and should have reduced the sentence instead of executing it.
Issues
| Issue | O’Neil’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion in revoking probation | Revocation was an abuse; court should have declined to execute sentences or reduced them | Probation was violated; court properly exercised discretion to revoke and execute sentence | Court affirmed: no abuse of discretion in revoking probation or executing sentences |
| Whether the court should have reduced the sentence sua sponte upon revocation | Court should have reduced the previously suspended sentences | Execution of original sentences was proper given violations and goals of protection/rehabilitation | Court affirmed: execution without modification was permissible |
Key Cases Cited
- State v. Beckett, 122 Idaho 324, 834 P.2d 326 (Ct. App.) (probation may be revoked for any violation; court may execute or reduce suspended sentence)
- State v. Adams, 115 Idaho 1053, 772 P.2d 260 (Ct. App.) (probation revocation standards)
- State v. Hass, 114 Idaho 554, 758 P.2d 713 (Ct. App.) (probation revocation standards)
- State v. Upton, 127 Idaho 274, 899 P.2d 984 (Ct. App.) (revocation must consider rehabilitation and public 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.) (review focuses on conduct underlying revocation; consider record before trial court)
- State v. Hanington, 148 Idaho 26, 218 P.3d 5 (Ct. App.) (review of executed sentence includes events before and after original judgment)