1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 44569

STATE OF IDAHO ,
Plaintiff

- Respondent ,

v.

JACK J. COONEY JR. ,
Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) 2017 Unpublished Opinion No. 454

Filed: May 2, 2017
Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Second Judicial District, State of Idaho, Nez Perce County. Hon. Jeff M. Brudie , District Judge.
Order revoking probation, affirmed

. Eric D. Fredericksen, State Appellate Public Defender; Ben P. McGreevy , 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 MELANSON, Judge

________________________________________________ PER CURIAM Jack J. Cooney Jr. pled guilty to one count of felony operating a motor vehicle while
under the influence of alcohol , Idaho Code §§ 18

- 8004(1)(a), 18

- 8005(6) . The district court imposed a unified sentence of f ive years, with a minimum period of confinement of two years
, but after a period of retained jurisdiction , suspended the sentence and placed Cooney on probation. Subsequently, Cooney admitted to violating the terms of the probation by incurring charges in another case , and the district court consequently revoked probation and ordered execution of the original sentence to run concurrently with the sentence in the new case

. Cooney2 appeals, contending that the district court abuse d its discretion in revoking probation and in ordering execution of the sentence

. 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. Becke tt , 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 mu st 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 5 58, 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.2 d 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 co urt 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 61 8, 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 matt er 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 1 011, 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 judgm ent. 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 occurring3 between the original sentencing and the revocation of probation. Id. Thus, th is 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 Coo ney ’s sentence without modification. Therefore, the order revoking probation and directing execution of Cooney ’s previously suspended sentence is affirmed.