1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 37498

STATE OF IDAHO,

Plaintiff-Respondent,

v.

ROBERT LYNN THORNTON,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2011 Unpublished Opinion No. 344

Filed: February 4, 2011

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THIS IS AN UNPUBLISHED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 unified five-year sentence 

with two and one-half years determinate for possession of a controlled substance 

with intent to deliver, affirmed.

Molly J. Huskey, State Appellate Public Defender; Spencer J. Hahn, 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

Robert Lynn Thornton pled guilty to possession of a controlled substance with intent to 

deliver. Idaho Code § 37-2732(a)(1)(A). The district court imposed a unified five-year sentence 

with two and one-half years determinate, suspended the sentence and placed Thornton on 

supervised probation for three years. Subsequently, Thornton admitted to violating the terms of 

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

original sentence, and retained jurisdiction. Following the period of retained jurisdiction, the 

district court suspended Thornton’s sentence and again placed him on supervised probation for a 

period of three years. Thornton admitted to violating the terms of his probation for a second 
2

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

sentence without modification. Thornton appeals, contending that the district court abused its 

discretion in revoking probation and in failing to sua sponte reduce his sentence upon revoking 

probation.

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 

326, 834 P.2d at 328; State v. Marks, 116 Idaho 976, 977, 783 P.2d 315, 316 (Ct. App. 1989). 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 326, 834 P.2d at 328.

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 

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 the probation. Id. Applying these 

standards, and having reviewed the record in this case, we cannot say that the district court 

abused its discretion.
3

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 Thornton’s original sentence without modification. Therefore, the order revoking 

probation and directing execution of Thornton’s previously suspended sentence is affirmed.