Idaho v. Gibbs

Kody Gibbs appealed a district court’s order extending his probation. In 2013, Gibbs was charged with delivery of a controlled substance after he sold methamphetamine to a minor. Pursuant to plea negotiations, Gibbs pled guilty to delivery of a controlled substance, and the district court dismissed allegations that the delivery was to a minor and that Gibbs was a persistent violator. The district court imposed a suspended sentence of fifteen years, with ten years fixed, and placed Gibbs on probation for five years. One condition of Gibbs’ probation required him to successfully complete mental health court. In the subsequent years, Gibbs got in trouble by taking prohibited drugs, drinking, and committing felony sexual exploitation of a child. Gibbs would also be indicted by a federal grand jury for possessing child pornography. Gibbs argues on appeal of his state charges that: (1) he was denied his constitutional right to due process because his case was not heard by an impartial judge; and (2) the district court abused its discretion by increasing, sua sponte, his probation from a term of six years to life. Finding no abuse of discretion or reversible error, the Idaho Supreme Court affirmed. View "Idaho v. Gibbs" on Justia Law