State of Idaho v. Kleigh Christopher Wilson

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 50214

STATE OF IDAHO, )
) Filed: May 24, 2023
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
KLEIGH CHRISTOPHER WILSON, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Derrick J. O’Neill, District Judge. Hon. Deborah A. Bail, District
Judge.

Order revoking probation and execution of original sentence, affirmed.

Eric D. Fredericksen, State Appellate Public Defender; Emily M. Joyce, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy
Attorney General, Boise, for respondent.
________________________________________________

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

PER CURIAM
Kleigh Christopher Wilson pled guilty to possession of a controlled substance, Idaho
Code § 37-2732(c). In exchange for his guilty plea, additional charges were dismissed. The
district court imposed a unified sentence of seven years with two years determinate, but after a
period of retained jurisdiction, suspended the sentence and placed Wilson on probation.
Subsequently, Wilson admitted to violating the terms of the probation, and the district court
consequently revoked probation and ordered execution of the original sentence with credit for
time served. Wilson appeals, contending that the district court abused its discretion by not
reinstating his probation.

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After a probation violation has been established, the court may order that the suspended
sentence be executed or, in the alternative, the court is authorized under Idaho Criminal Rule 35
to reduce the sentence. State v. Beckett, 122 Idaho 324, 325, 834 P.2d 326, 327 (Ct. App. 1992).
The court may also reinstate probation or order a period of retained jurisdiction. State v.
Urrabazo, 150 Idaho 158, 162, 244 P.3d 1244, 1248 (2010). 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
probation. Id. Thus, this Court will consider the elements of the record before the trial court that
are properly made part of the record on appeal. State v. Morgan, 153 Idaho 618, 621, 288 P.3d
835, 838 (Ct. App. 2012).
Applying the foregoing standards, and having reviewed the record in this case, we cannot
say that the district court abused its discretion by ordering execution of Wilson’s sentence.
Therefore, the order revoking probation and directing execution of Wilson’s previously
suspended sentence is affirmed.

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