1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 44361

STATE OF IDAHO ,
Plaintiff

- Respondent ,

v.

C H PARKS JR. ,
Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) 2017 Unpublished Opinion No. 382

Filed: February 27, 2017
Stephen W. Kenyon, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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. Melissa Moody , District Judge.
Order revoking probation, affirmed

. Eric D. Fredericksen, State Appellate Public Defender; Reed P. Anderson , 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 C H Parks, Jr. pled guilty to possession of methamphetamine , Idaho Code § 37

- 2732(c)

. In exchange for his guilty plea, an additional charge was dismissed. The district court imposed a
unified seven

- year sentence, with a minimum period of confinement of three years , suspended
the sentence and placed Parks on probation. Parks violated his probation, and the district court reinstated probation with the additional condition that Parks complete a domestic battery class. Subsequently, Parks was found to have violated the terms of the probation a second time , and the district court consequently revoked probation and ordered execution of the sentence , reducing2 the determinate term to two years

. Parks appeals, contending that the district court abused its
discretion in 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 vio lation 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.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 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 Cou rt 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

. Applying the foregoing standards, and having reviewed the record in this case, we c annot say that the district court abused its discretion either in revoking probation or in ordering
execution of Parks ’s reduced sentence . Therefore, the order revoking probation and directing
execution of Parks ’s previously suspended sentence is affirmed.