State v. Joseph Roman Rubio

GUTIERREZ, Judge *387 Joseph Roman Rubio appeals from his judgment of conviction entered after a jury found him guilty of filing a false instrument. In essence, Rubio, a probationer, argues his conduct of submitting an allegedly falsified community service time card with the community service office does not fall within the ambit of Idaho Code § 18-3203 . For the reasons set forth below, we vacate the judgment of conviction and remand to the district court.

I

FACTUAL AND PROCEDURAL BACKGROUND

The terms and conditions of Rubio's probation required him to complete fifty-six hours of community service…