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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 43246

STATE OF IDAHO,

Plaintiff-Respondent,

v.

MATEO FLORES RODRIGUEZ,

Defendant-Appellant.

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2016 Unpublished Opinion No. 384

Filed: February 10, 2016

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, 

Minidoka County. Hon. Jonathan P. Brody, District Judge. 

Order revoking probation and executing previously suspended sentence, affirmed. 

Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney 

General, Boise, for respondent. 

________________________________________________

Before MELANSON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM 

Mateo Flores Rodriguez pled guilty to felony driving under the influence. I.C. §§ 18-

8004 and 18-8005(6). In exchange for his guilty plea, additional charges were dismissed. The 

district court sentenced Rodriguez to a unified term of nine and one-half years, with a minimum 

period of confinement of four and one-half years. The district court suspended the sentence and 

placed Rodriguez on probation. Subsequently, Rodriguez admitted to violating the terms of the 

probation, and the district court consequently revoked probation and ordered execution of the 

original sentence. Rodriguez appeals, contending that the district court abused its discretion in 

revoking probation and that the sentence is excessive.
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It is within the trial court’s discretion to revoke probation if any of the terms and 

conditions of the probation have been violated. I.C. §§ 19-2603, 20-222; State v. Beckett, 122 

Idaho 324, 325, 834 P.2d 326, 327 (Ct. App. 1992); State v. Adams, 115 Idaho 1053, 1054, 772 

P.2d 260, 261 (Ct. App. 1989); State v. Hass, 114 Idaho 554, 558, 758 P.2d 713, 717 (Ct. App. 

1988). In determining whether to revoke probation a court must examine whether the probation 

is achieving the goal of rehabilitation and consistent with the protection of society. State v. 

Upton, 127 Idaho 274, 275, 899 P.2d 984, 985 (Ct. App. 1995); Beckett, 122 Idaho at 325, 834 

P.2d at 327; Hass, 114 Idaho at 558, 758 P.2d at 717. The court may, after a probation violation 

has been established, order that the suspended sentence be executed or, in the alternative, the 

court is authorized under Idaho Criminal Rule 35 to reduce the sentence. Beckett, 122 Idaho at 

325, 834 P.2d at 327; State v. Marks, 116 Idaho 976, 977, 783 P.2d 315, 316 (Ct. App. 1989). 

The court may also order a period of retained jurisdiction. State v. Urrabazo, 150 Idaho 158, 

162, 244 P.3d 1244, 1248 (2010). A decision to revoke probation will be disturbed on appeal 

only upon a showing that the trial court abused its discretion. Beckett, 122 Idaho at 325, 834 

P.2d at 327. In reviewing the propriety of a probation revocation, the focus of the inquiry is the 

conduct underlying the trial court’s decision to revoke probation. State v. Morgan, 153 Idaho 

618, 621, 288 P.3d 835, 838 (Ct. App. 2012). Thus, this Court will consider the elements of the 

record before the trial court relevant to the revocation of probation issues which are properly 

made part of the record on appeal. Id.

Sentencing is also a matter for the trial court’s discretion. Both our standard of review 

and the factors to be considered in evaluating the reasonableness of a sentence are well 

established and need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 

P.2d 1011, 1014-15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-

73 (Ct. App. 1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (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). 

When we review a sentence that is ordered into execution following a period of 

probation, we will examine the entire record encompassing events before and after the original 

judgment. State v. Hanington, 148 Idaho 26, 29, 218 P.3d 5, 8 (Ct. App. 2009). We base our 

review upon the facts existing when the sentence was imposed as well as events occurring 
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between the original sentencing and the revocation of probation. Id. Thus, this Court will 

consider the elements of the record before the trial court that are properly made part of the record 

on appeal and are relevant to the defendant’s contention that the trial court should have reduced 

the sentence sua sponte upon revocation of probation. Morgan, 153 Idaho at 621, 288 P.3d at 

838. 

Applying the foregoing standards, and having reviewed the record in this case, we cannot 

say that the district court abused its discretion either in revoking probation or in ordering 

execution of Rodriguez’s sentence without modification. Therefore, the order revoking 

probation and directing execution of Rodriguez’s previously suspended sentence is affirmed.