State of Idaho v. Jcorban Ernest Ewin

Opinion

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 53017

STATE OF IDAHO, )

) Filed: July 30, 2026

Plaintiff-Respondent, )

) Melanie Gagnepain, Clerk v. )

) THIS IS AN UNPUBLISHED JCORBAN ERNEST EWIN, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. )

)

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. R. William Hancock, District Judge.

Judgment of conviction and unified sentence of fifteen years, with a minimum period of confinement of five years, for introducing major contraband into a correctional facility and being a persistent violator, 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 TRIBE, Chief Judge; LORELLO Judge;

and FLEMING, Judge

________________________________________________

PER CURIAM Jcorban Ernest Ewin was found guilty of introducing major contraband into a correctional facility. I.C. § 15-2510(3)(a). Ewin then admitted to being a persistent violator. I.C. § 19-2514. The district court sentenced Ewin to a unified term of fifteen years, with a minimum period of

2

confinement of five years. Ewin appeals, arguing that the district court should have retained jurisdiction and that his sentence is excessive.1 Sentencing is a matter for the trial court’s discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence are well established and need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014- 15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 722, 726, 170 P.3d 387, 391 (2007). Our role is limited to determining whether reasonable minds could reach the same conclusion as the district court. State v. Biggs, 168 Idaho 112, 116, 480 P.3d 150, 154 (Ct. App. 2020).

The primary purpose of a district court retaining jurisdiction is to enable the court to obtain additional information regarding whether the defendant has sufficient rehabilitative potential and is suitable for probation. State v. Jones, 141 Idaho 673, 677, 115 P.3d 764, 768 (Ct. App. 2005). Probation is the ultimate goal of retained jurisdiction. Id. There can be no abuse of discretion in declining to retain jurisdiction if the district court has sufficient evidence before it to conclude that the defendant is not a suitable candidate for probation. Id. The goal of probation is to foster the probationer’s rehabilitation while protecting public safety. State v. Cheatham, 159 Idaho 856, 858, 367 P.3d 251, 253 (Ct. App. 2016). A decision to deny probation will not be deemed an abuse of discretion if it is consistent with the criteria articulated in I.C. § 19-2521. The record in this case shows that the district court properly considered the information before it and determined that retaining jurisdiction was not appropriate.

Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion. Therefore, Ewin’s judgment of conviction and sentence are affirmed.

1 Ewin was also found guilty of and sentenced for two misdemeanor offenses. He does not challenge this judgment of conviction and sentences on appeal.