Legal Opinion

State v. DICKSEN

Idaho Court of Appeals

Decided May 23, 2011No. 37467PublishedCited by 1 opinion

1Opinion of the Court

GRATTON, Chief Judge.

The district court placed Patrick Thomas Dieksen on probation for twenty-six hours following a period of retained jurisdiction (rider). Thereafter, the court unilaterally revoked Dieksen’s probation and placed him on a second rider. The State appeals from the district court’s order contending that the court ordered a sham probation in order to circumvent the jurisdictional limits of Idaho Code § 19-2601(4).

I

FACTS AND PROCEDURAL BACKGROUND

Dieksen was charged with two counts of statutory rape. Pursuant to a plea agreement, Dieksen pled guilty to an amended charge of felony…

2Cases cited14 opinions

  1. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  2. State v. BurnightIdaho Supreme Court · 1999
  3. State v. EscobarIdaho Court of Appeals · 2000
  4. State v. ReyesIdaho Court of Appeals · 2003
  5. State v. RhodeIdaho Supreme Court · 1999

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3Cited by1 opinion

  1. State v. Leotis B. Branigh, IIIIdaho Court of Appeals · 2013

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