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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket Nos. 44827/44828/44829

STATE OF IDAHO,

Plaintiff-Respondent,

v.

SEAN ISAAC SWANSON,

Defendant-Appellant.

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2017 Unpublished Opinion No. 575

Filed: September 7, 2017

Karel A. Lehrman, 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THIS IS AN UNPUBLISHED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. Scott L. Wayman, District Judge. 

Orders relinquishing jurisdiction, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, 

Deputy Appellate Public Defender, Boise, for appellant. 

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

General, Boise, for respondent. 

________________________________________________

Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and HUSKEY, Judge

________________________________________________

PER CURIAM

These cases are consolidated on appeal. In Docket No. 44827, Sean Isaac Swanson pled 

guilty to possession of methamphetamine, Idaho Code § 37-2732(c)(1). The district court 

imposed a unified sentence of four years, with two years determinate, suspended the sentence 

and placed Swanson on probation. Swanson admitted to violating the terms of his probation, and 

the district court revoked probation and ordered execution of the underlying sentence. The 

district court retained jurisdiction, and Swanson was sent to participate in the rider program. 

Upon completion of the rider, Swanson was placed back on probation. 
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In Docket No. 44828, Swanson pled guilty to one count of possession of oxycodone, I.C. 

§ 37-2732(c)(1), in violation of his probation in Docket No. 44827. The district court imposed a 

unified sentence of five years, with two and one-half years determinate, suspended the sentence 

and placed Swanson on probation. In Docket No. 44827, the district court extended the term of 

probation by two years. The sentences were ordered to run concurrently and, as a condition of 

probation, Swanson was ordered to successfully complete drug court.

In Docket No. 44829, Swanson pled guilty to possession of heroin and possession of 

methamphetamine, I.C. § 37-3732(c)(1). In exchange for his guilty plea, additional charges were 

dismissed. Swanson admitted to violating probation in Docket Nos. 44827 and 44828, and the 

district court revoked probation and imposed concurrent unified sentences of five years, with two 

years determinate, in Docket No. 44829, retaining jurisdiction in all three cases.

After Swanson completed his rider, the district court relinquished jurisdiction. Swanson 

filed Idaho Criminal Rule 35 motions for reduction of his sentences in each case. In Docket 

No. 44828, the district court granted the Rule 35 motion in part by reducing the determinate term 

to two years. Swanson appeals, claiming that the district court erred by refusing to grant 

probation. 

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 Swanson

has failed to show that the district court abused its discretion in relinquishing jurisdiction.

Swanson argues that all of the relevant goals of sentencing could have been accomplished 

with probation. As noted above, however, the district court found that probation was not an 

appropriate course of action in Swanson’s case. 

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

say that the district court abused its discretion in ordering execution of Swanson’s sentences. 

The orders of the district court relinquishing jurisdiction and Swanson’s sentences are affirmed.