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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket Nos. 43020/43021

STATE OF IDAHO,

Plaintiff-Respondent,

v.

KEITH ANTON SARBACHER,

Defendant-Appellant.

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2016 Unpublished Opinion No. 370

Filed: February 3, 2016

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

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

Kootenai County. Hon. Lansing L. Haynes, District Judge. 

Judgments revoking probation, affirmed.

Sara B. Thomas, State Appellate Public Defender; Justin M. Curtis, Deputy 

Appellate Public Defender, Boise, for appellant. 

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

General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Judge; GRATTON, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

In each of these cases consolidated on appeal, Keith Anton Sarbacher pled guilty to one 

count of grand theft, Idaho Code §§ 18-2403(1), 18-2407(1)(b), and was accepted into Drug 

Court. Following a report of violation, the district court discharged Sarbacher from Drug Court 

and imposed concurrent unified sentences of ten years, with four years determinate. After a 

period of retained jurisdiction, the district court suspended the sentences and placed Sarbacher on 

probation. Subsequently, Sarbacher admitted to violating the terms of the probation, and the 

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

retaining jurisdiction a second time. Upon completion of the second period of retained 

jurisdiction, the district court suspended Sarbacher’s sentences and returned him to probation. 
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Sarbacher again violated his probation, and the district court revoked probation and ordered 

execution of the underlying sentences. Sarbacher appeals, contending that the district court 

abused its discretion in revoking probation.

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.

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

say that the district court abused its discretion in revoking probation. Therefore, the judgments 

revoking probation and directing execution of Sarbacher’s previously suspended sentences are

affirmed.