Idaho Supreme Court

State of Idaho, Plaintiff-Respondent v. Francisco Augustin Urrabazo, Defendant-Appellant

December 23, 2010150 Idaho 158

Summary

The Court held that the governing statute unambiguously requires a defendant to be placed on probation before a district court may order a second period of retained jurisdiction. Because the district court ordered a consecutive second rider without an intervening probationary period, it acted without subject matter jurisdiction, making the second-rider orders void. The appeal was therefore untimely because the filing period began when the court relinquished jurisdiction after the first rider.