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IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 41242

STATE OF IDAHO,

Plaintiff-Respondent,

v.

AUSTIN M. WILLIAMS,

Defendant-Appellant.

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2014 Unpublished Opinion No. 521

Filed: May 23, 2014

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED 

OPINION AND SHALL NOT 

BE CITED AS AUTHORITY

Appeal from the District Court of the Second Judicial District, State of Idaho, 

Lewis County. Hon. Michael J. Griffin, District Judge. 

Order revoking probation and requiring execution of unified ten-year sentence 

with four-year determinate term for lewd conduct with a minor under sixteen, 

affirmed.

Sara B. Thomas, State Appellate Public Defender; Sally J. Cooley, Deputy 

Appellate Public Defender, Boise, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy 

Attorney General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Chief Judge; GRATTON, Judge;

and MELANSON, Judge

PER CURIAM

Austin M. Williams pled guilty to lewd conduct with a minor under sixteen. Idaho Code 

§ 18-1508. The district court imposed a unified ten-year sentence with a four-year determinate 

term, but after a period of retained jurisdiction, suspended the sentence and placed Williams on 

probation. Subsequently, Williams admitted to violating several terms of the probation, and the 

district court consequently revoked probation and ordered execution of the original sentence. 

Williams appeals, contending that the district court abused its discretion in revoking probation 

and failing to sua sponte reduce his sentence.
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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 

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. State v. Urrabazo, 150 Idaho 158, 

162, 244 P.3d 1244, 1248 (2010). 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 Court 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.

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. Thus, this Court will 
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consider the elements of the record before the trial court that are properly made part of the record 

on appeal and are relevant to the defendant’s contention that the trial court should have reduced 

the sentence sua sponte upon revocation of probation. Morgan, 153 Idaho at 621, 288 P.3d at 

838.

Applying the foregoing standards, and assuming Williams can challenge the district 

court’s failure to sua sponte reduce his sentence, we cannot say that the district court abused its 

discretion either in revoking probation or in ordering execution of Williams’ original sentence 

without modification. Therefore, the order revoking probation and directing execution of 

Williams’ previously suspended sentence is affirmed.