Smith facing sentencing for probation violations
March 1, 2011

Brandon Smith, 24, Boundary County, could face up to seven years in prison and a fine on a 2008 conviction for possession of methamphetamine after pleading guilty to violating terms of his probation.

 

He entered the plea Feb. 28 before District Court Judge Ben Simpson, who set sentencing for March 28.

 

Smith was sentenced April 8, 2008, to a $500 fine and three to seven years in prison after his conviction. The prison term was suspended and jurisdiction retained, and he was sentenced to 365 days in jail, 342 days suspended, on a related charge, and placed on two years probation. In addition, he was ordered to undergo drug counseling.

 

On September 16, 2008, he returned to court for a review of his retained jurisdiction, and the Idaho Department of Corrections recommended he be placed on probation thanks to the progress he’d made. Based on that report, Smith was placed on two years supervised felony probation.

 

On August 19, 2010, the Department of Corrections filed a report of probation violation alleging that Smith had again used methamphetamines. However, they recommended that he be continued on probation. The court took that advice, but extended the probation period for an additional 18 months.

 

Subsequently, a second report of probation violation was filed, alleging that he’d failed to report as directed and that he’d absconded from supervision.

 

In court Monday, Smith admitted to all three violations, despite no offer made by the Idaho Department of Corrections or the Boundary County Prosecutor.

 

“This is a serious matter,” Prosecutor Jack Douglas said. “For the Idaho Department of Corrections to be able to supervise anyone, that person must be willing to report as ordered and cannot be allowed to abscond. When the defendant does that, he sends the message to all of us that he’s probably not taking probation very seriously. I will be meeting with officials from the department, and we will discuss the matter and reach a consensus as to what the proper recommendation will be at sentencing. As always, protection of the public will top the list of concerns I have as prosecutor.”