State v. Kim J. Day

GUTIERREZ, Chief Judge.

Kim J. Day pled guilty to grand theft. Idaho Code §§ 18-2403, 18-2407(l)(b). The district court imposed a unified fourteen-year sentence, with four years determinate, but suspended the sentence and placed Day on probation. Subsequently, Day violated his probation by incurring additional convictions for lewd conduct with a minor under sixteen and being a persistent violator. The State filed a report of probation violation. The district court found Day was in violation of his probation, stating the lewd conduct conviction was “binding” on the court, and consequently…