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Rulings upheld in eluding case

KEITH KINNAIRD | Hagadone News Network | UPDATED 5 years, 5 months AGO
by KEITH KINNAIRD
News Editor | December 4, 2019 12:00 AM

SANDPOINT — The Idaho Court of Appeals is upholding the imprisonment of a Bonner County man who was unable to steer clear of trouble after a high-speed chase with law enforcement in 2014.

Martin Maxwell Hackett initially managed to escape a custodial term after pleading guilty to felony eluding, according to court documents. First District Judge Barbara Buchanan imposed a one- to three-year prison term, but suspended it and placed the man on probation.

However, Hackett violated probation several times and was placed in the Idaho Department of Correction’s retained jurisdiction program. Also known as a rider, defendants placed in the retained jurisdiction program serve up to a year in prison before they’re released on probation or made to serve their underlying sentence.

After admitting to a fourth probation violation, Buchanan revoked his probation and ordered him to serve the underlying term.

Hackett, 31, appealed, contending that the district court abused its discretion in revoking probation.

The appeals court disagreed, however.

The appellate court said it’s within the trial court’s discretion to revoke probation if its terms are violated. Moreover, a decision to revoke probation can only be disturbed on appeal if there is a showing that the trial court abused its discretion.

“Applying these standards, and having reviewed the record in this case, we cannot say that the district court abused its discretion in revoking probation or in order execution of Hackett’s sentences,” the court said in a two-page, unpublished, per curiam opinion released on Monday.

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.

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