(DOWNLOAD) "State Idaho v. Timothy Roy Grove" by Court of Appeals of Idaho No. 15729 # eBook PDF Kindle ePub Free
eBook details
- Title: State Idaho v. Timothy Roy Grove
- Author : Court of Appeals of Idaho No. 15729
- Release Date : January 30, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
Upon pleading guilty to a charge of aggravated assault, Timothy Roy Grove received an indeterminate sentence of five years. However, the district Judge retained jurisdiction pursuant to I.C. § 19-2601(4) and eventually suspended the sentence, placing Grove on probation. The probation later was revoked and the original sentence was reinstated. In this appeal Grove contends that reinstatement of the five-year sentence was an unduly harsh response to his probation violation. We affirm the district court's order. Grove's guilty plea was a product of negotiation. He initially pled not guilty to a charge of committing a robbery and threatening the victim with a shotgun. He changed his plea when the charge was amended. After the five-year sentence was suspended and probation was granted, Grove violated the terms of his probation agreement in three respects. First, he failed either to maintain steady employment or to attend school. Second, he failed to make restitutionary payments. Finally, he committed misdemeanor offenses of battery and trespass. At the probation revocation hearing, Grove testified that he was unable to obtain employment and that his inability to obtain employment precluded him from making restitutionary payments. Further, although he did not deny the battery and trespass, he characterized them as a domestic squabble. The district Judge was not persuaded, nor are we, that compliance with the terms of probation was impossible or that the violations were insignificant.
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