State v. Pierce, 150 Idaho 1

Pierce allegedly pulled down a 4-year-old girl’s underwear for sexual gratification; arrested March 6, 2006.
Initial complaint for sexual abuse under 18-1506 was dismissed for lack of age allegation; new complaint filed including over-18 allegation.
Pierce pleaded guilty; sentenced October 25, 2006 to 15 years, 5 fixed, with retained jurisdiction.
District court placed Pierce on probation April 5, 2007 for 14 years; State moved for probation violation seven months later.
Pierce admitted to probation violations; probation revoked February 8, 2008 and previously suspended sentence ordered into execution; Pierce appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether jurisdiction was lacking due to grand jury ignored charge	Pierce asserts Article I, § 8 violated; ignored charge voids information.	State argues jurisdiction conferred by information; waiver occurs if not raised earlier.	Not vacated; information filed conferred jurisdiction; claim waived.
Whether revocation of probation and execution of the suspended sentence was an abuse of discretion	Sentence excessive; offense minor; defendant rehabilitated and low reoffending risk.	District court properly exercised discretion to revoke probation and impose suspended sentence.	No abuse of discretion; district court reasonably considered protection, deterrence, rehabilitation, and punishment.

State v. Jones, 140 Idaho 755 (2004) (subject matter jurisdiction via information/indictment; limits of filing)
State v. Lampien, 148 Idaho 367 (2009) (jurisdiction and filing requirements in criminal cases)
State v. Quintero, 141 Idaho 619 (2005) (information sufficiency and jurisdictional questions)
State v. Wilson, 41 Idaho 598 (1925) (grand jury not indicting; historical treatment of jurisdictional issue)
In re Marshall, 6 Idaho 516 (1899) (grand jury ignored charge; waivers and record requirements)
State v. Huston, 121 Idaho 738 (1992) (double jeopardy and waiver principles in appeals)
State v. Blake, 133 Idaho 237 (1999) (standard for reviewing probation revocation and sentencing)
State v. Jackson, 130 Idaho 293 (1997) (burden to show abuse of discretion in criminal sentencing)