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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 45144

STATE OF IDAHO,

Plaintiff-Respondent,

v.

ERIC PAUL THARPE,

Defendant-Appellant.

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2018 Unpublished Opinion No. 381

Filed: March 7, 2018

Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

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

Bannock County. Hon. Stephen S. Dunn, District Judge. 

Order revoking probation, affirmed. 

Eric D. Fredericksen, State Appellate Public Defender; Kimberly A. Coster, 

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; HUSKEY, Judge;

and LORELLO, Judge

________________________________________________

PER CURIAM 

Eric Paul Tharpe pled guilty to possession of a controlled substance. I.C. § 37-

2732(c)(1). The district court sentenced Tharpe to a unified term of five years, with a minimum 

period of confinement of three years, but after a period of retained jurisdiction, suspended the 

sentence and placed Tharpe on probation. Subsequently, Tharpe admitted to violating the terms 

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

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

revoking probation.
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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 I.C.R. 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. I.C. § 19-2601. 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 either in revoking probation or in ordering 

execution of Tharpe’s sentence. Therefore, the order revoking probation and directing execution 

of Tharpe’s previously suspended sentence is affirmed.