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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 41884

STATE OF IDAHO,

Plaintiff-Respondent,

v.

DAVID ANTHONY JACOBO,

Defendant-Appellant.

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2014 Unpublished Opinion No. 793

Filed: October 31, 2014

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THIS IS AN UNPUBLISHED 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, Cassia

County. Hon. Michael R. Crabtree, District Judge. 

Order revoking probation and requiring execution of modified, unified four-year

sentence, with one-year determinate term, for possession of a controlled substance 

with the intent to deliver, affirmed; order relinquishing jurisdiction, affirmed. 

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; John C. McKinney, Deputy 

Attorney General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Chief Judge; LANSING, Judge;

and MELANSON, Judge

PER CURIAM

David Anthony Jacobo pled guilty to possession of a controlled substance with the intent 

to deliver. I.C. § 37-2732(a)(1)(B). The district court withheld judgment and placed Jacobo on 

probation for three years. Several months later, Jacobo admitted to violating the terms of his 

probation. The district court revoked Jacobo’s withheld judgment and probation and imposed a 

unified four-year sentence, with a two-year determinate term, but retained jurisdiction. After 

Jacobo completed evaluation at NICI, the district court relinquished jurisdiction. However, the 

district court modified Jacobo’s sentence to a unified term of four years, with a minimum period 

of confinement of one year. Jacobo filed an I.C.R. 35 motion for further reduction of his 
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sentence, which the district court denied. Jacobo appeals, contending that the district court 

abused its discretion in revoking his probation and the district court erred in relinquishing 

jurisdiction.

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 
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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 

between the original sentencing and the revocation of probation. 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. 

Jacobo also asserts the district court erred in relinquishing jurisdiction. 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). As noted 

above, however, the district court found that probation was not an appropriate course of action in 

Jacobo’s case. 

We hold that Jacobo has failed to show that the district court abused its discretion. 

Therefore, the order revoking probation and the order relinquishing jurisdiction are affirmed.