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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 46634

STATE OF IDAHO,

Plaintiff-Respondent,

v.

KYLE LEE ADAMS,

Defendant-Appellant.

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Filed: June 21, 2019

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THIS IS AN UNPUBLISHED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. Nancy Baskin, District Judge. 

Order relinquishing jurisdiction and executing reduced sentence, 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. 

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Before GRATTON, Chief Judge; HUSKEY, Judge;

and BRAILSFORD, Judge

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PER CURIAM

Kyle Lee Adams pleaded guilty to operating a motor vehicle while under the influence of 

alcohol (one felony conviction within fifteen years), Idaho Code §§ 18-8004, -8005(9). The 

district court imposed a unified ten-year sentence, with five years determinate. The district court 

retained jurisdiction, and Adams was sent to participate in the rider program. After Adams

completed his rider, the district court relinquished jurisdiction and pursuant to Idaho Criminal 

Rule 35, reduced Adams’ sentence to a unified ten-year sentence, with four and one-half years 

determinate. Adams appeals, claiming the district court abused its discretion by relinquishing 

jurisdiction and be imposing an original excessive sentence.
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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 Adams

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

Adams also contends that his underlying sentence is excessive and constitutes an abuse of 

discretion. Sentences are reviewed for an abuse of discretion. Our appellate standard of review 

and the factors to be considered when evaluating the reasonableness of a sentence are wellestablished. State v. Burdett, 134 Idaho 271, 1 P.3d 299 (Ct. App. 2000); State v. Sanchez, 115 

Idaho 776, 769 P.2d 1148 (Ct. App. 1989); State v. Reinke, 103 Idaho 771, 653 P.2d 1183 (Ct. 

App. 1982); State v. Toohill, 103 Idaho 565, 650 P.2d 707 (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). The record does not indicate that the district court abused its 

discretion in sentencing. 

The order of the district court relinquishing jurisdiction and Adams’ reduced sentence are 

affirmed.