State of Idaho v. Jake Wesley Jones

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 50934

STATE OF IDAHO, )
) Filed: September 16, 2024
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
JAKE WESLEY JONES, ) 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. Lynn G. Norton, District Judge.

Judgment of conviction and unified sentence of ten years, with a minimum period
of confinement of two years, for possession of a controlled substance with intent to
deliver, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Jason C. Pintler, Deputy
Appellate Public Defender, Boise, for appellant.

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

Before GRATTON, Chief Judge; HUSKEY, Judge;
and TRIBE, Judge
________________________________________________
PER CURIAM
Jake Wesley Jones pled guilty to possession of a controlled substance with intent to deliver,
Idaho Code § 37-2732(a), and he admitted to a persistent violator sentencing enhancement, I.C.
§ 19-2514. In exchange for his guilty plea, the State dismissed the misdemeanor charges and a
separate case in its entirety. The district court imposed a unified sentence of ten years, with a
minimum period of confinement of two years. Jones appeals, arguing that the district court abused
its discretion by failing to retain jurisdiction.

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Sentencing is a matter for the trial court’s discretion. Both our standard of review and the
factors to be considered in evaluating the reasonableness of the 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).
The primary purpose of a district court retaining jurisdiction is to enable the court to obtain
additional information regarding whether the defendant has sufficient rehabilitative potential and
is suitable for probation. State v. Jones, 141 Idaho 673, 677, 115 P.3d 764, 768 (Ct. App.
2005). Probation is the ultimate goal of retained jurisdiction. Id. There can be no abuse of
discretion in declining to retain jurisdiction if the district court has sufficient evidence before it to
conclude that the defendant is not a suitable candidate for probation. Id. The goal of probation is
to foster the probationer’s rehabilitation while protecting public safety. State v. Cheatham, 159
Idaho 856, 858, 367 P.3d 251, 253 (Ct. App. 2016). A decision to deny probation will not be
deemed an abuse of discretion if it is consistent with the criteria articulated in I.C. § 19-2521.
Applying these standards, and having reviewed the record in this case, we cannot say that
the district court abused its discretion. Therefore, Jones’ judgment of conviction and sentence are
affirmed.

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