1 IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 45568

STATE OF IDAHO ,
Plaintiff

- Respondent ,

v.

ELAWNEE MICHAELINE PAHVITSE ,
Defendant

- Appellant

. ) ) ) ) ) ) ) ) ) ) Filed: June 5, 2018
Karel A. Lehrman, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. Robert C. Naftz , District Judge.
Order revoking probation, affirmed

. Eric D. Fredericksen, State Appellate Public Defender; Brian R. Dickson , 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 LORELLO, Judge

________________________________________________ PER CURIAM
Elawnee Michaeline Pahvitse pled guilty to felony driving under the influence of alcohol
, Idaho Code §§ 18

- 8004, 18

- 8005(6) . The district court imposed a unified sentence of five years, with a minimum period o f confinement of two years , suspended the sentence and placed Pahvitse on probation. Pahvitse subsequently admitting to violating probation, and the district court ordered execution of the underlying sentence and retained jurisdiction. After the period of retained jurisdiction , the district court suspended the sentence and placed Pahvitse on probation. Following two more reports of probation violations, Pahvitse admitted to violating the terms of probation, and the district court consequently revoked probation and ordered execution of the2 original sentence

. Pahvitse 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 Ida ho 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 consi stent 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 establis hed, 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 review ing 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 ele ments 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 cannot say that the distr ict court abused its discretion either in revoking probation or in ordering
execution of Pahvitse ’s sentence without modification. Therefore, the order revoking probation and directing execution of Pahvitse ’s previously suspended sentence is affir med.