*1 Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

Gregory Allen McAtee pled guilty to felony driving under the influence. Idaho Code §§ 18-8004, 18-8005(6). The district court sentenced McAtee to a term of five years with two years determinate and retained jurisdiction. Following the period of retained jurisdiction, the district court suspended McAtee’s sentence and placed him on probation for a period of four years. McAtee appeals asserting that the district court abused its discretion by declining to withhold judgment.

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The district court determined that McAtee did not satisfy the requirements to be eligible for a withheld judgment. Specifically, the court found that McAtee had previously “been given the benefit of the DUI Court” and then chose to “drink and drive.” The district court’s finding is supported by the record. The district court did not abuse its discretion in declining to enter a withheld judgment. Therefore, McAtee’s judgment of conviction and sentence are affirmed.

2