1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 45872

STATE OF IDAHO ,
Plaintiff

- Respondent ,

v.
RICHARD DAVID ADAM, II ,
Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) Filed: November 8, 2018
Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail , District Judge.
Order revoking probation and executing original sentence, 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 GRATTON, Chief Judge; GUTIERREZ, Judge; and HUSKEY, Judge

________________________________________________ PER CURIAM Richard David Adam, II, pled guilty to burglary . Idaho Code § 18

- 1401 . The district
court sentenced Adam to a unified term of ten years with two years determinate , suspended the

sentence , and placed Adam on probation. Subsequently, Adam admitted to violating the terms of the probation, and the district court consequently revoked probation and ordered execution of the original sentence. Adam appeals, contending that the district court abused its d iscretion in revoking probation without the possibility of being placed in the drug court program. 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

- 22 2; State v. Beckett , 122 Idaho 324, 325, 834 P.2d 326, 327 (Ct. App. 1992); State v. Adams , 115 Idaho 1053, 1054, 7722 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 Idah o 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 a lternative, 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 i nquiry 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 revo cation of probation issues which are properly made part of the record on appeal. Id

. Applying the foregoing standard, and having reviewed the record in this case, we cannot say that the district court abused its discretion in revoking probation. Therefor e, the order revoking probation and directing execution of Adam ’s previously suspended sentence is
affirmed.