State of Idaho v. Ash Justin Solorio

Idaho Court of Appeals·Decided December 29, 2025·No. 52366·Unpublished

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 52366

STATE OF IDAHO, ) ) Filed: December 29, 2025 Plaintiff-Respondent, ) ) Melanie Gagnepain, Clerk v. ) ) THIS IS AN UNPUBLISHED ASH JUSTIN SOLORIO, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) )

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cynthia Yee-Wallace, District Judge.

Order relinquishing jurisdiction, affirmed.

Erik R. Lehtinen, State Appellate Public Defender; Kimberly A. Coster, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney General, Boise, for respondent. ________________________________________________

Before HUSKEY, Judge; LORELLO, Judge; and TRIBE, Judge ________________________________________________ PER CURIAM Ash Justin Solorio pled guilty to battery on a police officer, Idaho Code §§ 18-915(3), -903. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Solorio to a unified term of five years, with a minimum period of confinement of two years.1 The district court retained jurisdiction, and Solorio was sent to participate in the rider program. After Solorio completed his rider, the district court relinquished jurisdiction. Solorio appeals, claiming that the district court erred by refusing to grant probation. The decision to place a defendant on probation or whether, instead, to relinquish jurisdiction over the defendant is a matter within the sound discretion of the district court and will

1 This sentence was ordered to run consecutively to all underlying sentences.

1 not be overturned on appeal absent an abuse of that discretion. State v. Hood, 102 Idaho 711, 712, 639 P.2d 9, 10 (1981); State v. Lee, 117 Idaho 203, 205-06, 786 P.2d 594, 596-97 (Ct. App. 1990). The record in this case shows that the district court properly considered the information before it and determined that probation was not appropriate. We hold that Solorio has failed to show that the district court abused its discretion in relinquishing jurisdiction. The order of the district court relinquishing jurisdiction and imposing Solorio’s underlying sentence is affirmed.

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Related

State v. Hood
639 P.2d 9 (Idaho Supreme Court, 1981)
State v. Lee
786 P.2d 594 (Idaho Court of Appeals, 1990)