State of Idaho v. Jason Clifford Zak

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 52438

STATE OF IDAHO, )
) Filed: December 15, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
JASON CLIFFORD ZAK, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the First Judicial District, State of Idaho, Bonner
County. Hon. Susie Jensen, District Judge.

Order revoking probation and ordering execution of underlying sentence, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Ben P. McGreevy, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney
General, Boise, for respondent.
________________________________________________

Before GRATTON, Chief Judge; HUSKEY, Judge;
and TRIBE, Judge
________________________________________________

PER CURIAM
Jason Clifford Zak pleaded guilty to felony possession of a controlled substance,
methamphetamine, Idaho Code § 37-2732(c)(1). In exchange for his guilty plea, an additional
charge was dismissed. The district court imposed a unified sentence of three years, with a
minimum period of incarceration of one year, but after a period of retained jurisdiction, suspended
the sentence and placed Zak on probation. Subsequently, the State filed a motion to revoke
probation alleging Zak violated terms of the probation. Following an evidentiary hearing, the
district court found Zak violated probation as alleged, and consequently revoked probation and
ordered execution of the original sentence. Zak appeals, contending that the district court abused
its discretion in revoking probation and executing his underlying 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 has 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 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(4). 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.
Applying the foregoing standards, and having reviewed the record in this case, we cannot
say that the district court abused its discretion in revoking probation and ordering execution of
Zak’s sentence. Therefore, the order revoking probation and directing execution of Zak’s
previously suspended sentence is affirmed.

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