State v. Peters

807 P.2d 61, 119 Idaho 382, 1991 Ida. LEXIS 38

• Court: Idaho Supreme Court
• Decided: March 11, 1991
• Docket: 18589
• Status: Published

Opinions

JOHNSON, Justice.

The dispositive issue in this case is whether the Idaho Rules of Evidence apply in proceedings for revoking probation. We hold they do not.

In 1988, Peters was placed on probation as the result of a conviction for lewd conduct with a child under the age of sixteen years. In 1990, Peters admitted that he had violated his probation in two particulars. The trial court dismissed the allegation of a third violation.

At the hearing to determine whether Peters’ probation would be revoked, the state offered evidence that related to the third violation that the trial court had dismissed. Peters’ objection to this evidence was overruled. Following the hearing, the trial court revoked the probation.

Peters appealed the revocation on the ground that the trial court abused its discretion under I.R.E. 403 and 404(b) in allowing the evidence offered by the state that related to the third violation.

I.R.E. 101(e)(3) provides that the Idaho Rules of Evidence do not apply to proceedings for revoking probation. Therefore, we reject Peters’ assertion that the trial court abused its discretion under those rules in admitting the evidence in question.

We affirm the order of the trial court revoking Peters’ probation.

BAKES, C.J., and BOYLE and McDEVITT, JJ., concur.