State v. Schwartz

EISMANN, Justice.

This is an appeal from an order of the district court holding that because the defendant did not at all times comply with the terms and conditions of his probation in this case, the district court did not have authority to reduce the defendant’s charge to a misdemeanor pursuant to Idaho Code § 19-2604(2). We affirm the order of the district court.

I. FACTS AND PROCEDURAL HISTORY

After pleading guilty to a felony offense of driving while under the influence of alcohol, the appellant Mathew Schwartz was sentenced on April 28, 1993. The district court granted Schwartz a withheld…