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State v. Ima Adele Evans
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Case Information

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

and HUSKEY, Judge

________________________________________________

PER CURIAM

Ima Adele Evans pleaded guilty to possession of a controlled substance, methamphetamine, Idaho Code § 37-2732(c)(1). The district court imposed a unified seven-year sentence, with three years determinate. The district court retained jurisdiction, and Evans was sent to participate in the rider program. After Evans completed her rider, the district court relinquished jurisdiction. Following the order granting Evans’ petition for post-conviction relief, the district court entered an amended order relinquishing jurisdiction. Evans appeals, claiming that her sentence is excessive and constitutes an abuse of discretion and that the district court erred by relinquishing jurisdiction.

1

We note that the decision to place a defendant on probation or whether, instead, to relinquish jurisdiction over the defendant is a matter within the sound discretion of the district court and will not be overturned on appeal absent an abuse of that discretion. State v. Hood , 102 Idaho 711, 712, 639 P.2d 9, 10 (1981); State v. Lee , 117 Idaho 203, 205-06, 786 P.2d 594, 596- 97 (Ct. App. 1990). The record in this case shows that the district court properly considered the information before it and determined that probation was not appropriate. We hold that Evans has failed to show that the district court abused its discretion in relinquishing jurisdiction.

Evans also contends that her sentence is excessive and constitutes an abuse of discretion. Sentences are reviewed for an abuse of discretion. Our appellate standard of review and the factors to be considered when evaluating the reasonableness of a sentence are well-established. State v. Burdett , 134 Idaho 271, 1 P.3d 299 (Ct. App. 2000); State v. Sanchez , 115 Idaho 776, 769 P.2d 1148 (Ct. App. 1989); State v. Reinke , 103 Idaho 771, 653 P.2d 1183 (Ct. App. 1982); State v. Toohill , 103 Idaho 565, 650 P.2d 707 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver , 144 Idaho 722, 726, 170 P.3d 387, 391 (2007). The record does not indicate that the district court abused its discretion in sentencing.

The order of the district court relinquishing jurisdiction and Evans’s sentence are affirmed.

2

Case Details

Case Name: State v. Ima Adele Evans
Court Name: Idaho Court of Appeals
Date Published: Oct 6, 2017
Court Abbreviation: Idaho Ct. App.
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