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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 45490

STATE OF IDAHO,

Plaintiff-Respondent,

v.

RICHARD P. SWALLEY,

Defendant-Appellant.

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Filed: October 11, 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THIS IS AN UNPUBLISHED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, 

Boise County. Hon. Patrick H. Owen; Hon. George D. Carey, District Judges. 

Judgment of conviction and unified sentence of twenty-five years, with a 

minimum period of confinement of ten years, for lewd conduct with a minor 

under sixteen, affirmed; order relinquishing jurisdiction, 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. 

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Before GRATTON, Chief Judge; GUTIERREZ, Judge;

and LORELLO, Judge

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PER CURIAM

Richard P. Swalley pled guilty to lewd conduct with a minor under sixteen, Idaho 

Code § 18-1508. The district court imposed a unified sentence of twenty-five years, with a 

minimum period of confinement of ten years. The district court retained jurisdiction, and 

Swalley was sent to participate in the rider program.

After Swalley completed his rider, the district court relinquished jurisdiction. Swalley

appeals, claiming that the district court erred by refusing to grant probation. He also argues his 

sentence is excessive and constitutes an abuse of discretion.
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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 Swalley

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

Swalley also contends that his 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). Applying these standards, and having reviewed the record in this 

case, we cannot say that the district court abused its discretion. The order of the district court 

relinquishing jurisdiction and Swalley’s sentence are affirmed.