Case Information


CR03-22-10997 | State of Idaho Plaintiff, vs. Aubrey Cristina Tharpe-Alire Defendant.

Case Number
CR03-22-10997

Court
Bannock County District Court

Judicial Officer
Gabiola, Javier

File Date
12/30/2022

Case Type
Criminal

Case Status
Closed

Party

State
State of Idaho

 

Active Attorneys

Lead Attorney
Lavin, Amy J.

Defendant
Tharpe-Alire, Aubrey Cristina

DOB
XX/XX/1997

 

Active Attorneys

Lead Attorney
Willis, R. Bradley

Retained

Inactive Attorneys

Attorney
Parrish, Craig Wilson

Retained

Attorney
Martinez, David Robert

Retained

Charge

Charges
Tharpe-Alire, Aubrey Cristina
  DescriptionStatuteLevelDate
1Officer-Flee or Attempt to Elude a Police Officer in a Motor VehicleI49-1404_FFelony12/29/2022
2Controlled Substance-Possession ofI37-2732(c)(1) {F}Felony12/29/2022
3Children-Injury To ChildI18-1501(1) {F}Felony12/29/2022
4Drug Paraphernalia-Use or Possess With Intent to UseI37-2734A(1)Misdemeanor12/29/2022
5Persistent ViolatorI19-2514_FFelony01/12/2023

Bond Settings


Setting Date
12/30/2022

Disposition Events

02/06/2023 Plea

Judicial Officer
Gabiola, Javier

1
Officer-Flee or Attempt to Elude a Police Officer in a Motor Vehicle
Not Guilty
2
Controlled Substance-Possession of
Not Guilty
3
Children-Injury To Child
Not Guilty
4
Drug Paraphernalia-Use or Possess With Intent to Use
Not Guilty
5
Persistent Violator
Not Guilty

04/10/2023 Plea

Judicial Officer
Gabiola, Javier

1
Officer-Flee or Attempt to Elude a Police Officer in a Motor Vehicle
Guilty
2
Controlled Substance-Possession of
Guilty

06/12/2023 Disposition

Judicial Officer
Gabiola, Javier

1
Officer-Flee or Attempt to Elude a Police Officer in a Motor Vehicle
Guilty (Plea Agreement)
2
Controlled Substance-Possession of
Guilty (Plea Agreement)

04/10/2023 Disposition

Judicial Officer
Gabiola, Javier

3
Children-Injury To Child
Dismissed on Motion of Prosecutor
4
Drug Paraphernalia-Use or Possess With Intent to Use
Dismissed on Motion of Prosecutor
5
Persistent Violator
Dismissed on Motion of Prosecutor

06/12/2023 Felony Sentence

1
Officer-Flee or Attempt to Elude a Police Officer in a Motor Vehicle
Felony Sentence

Fee Totals


$245.50

$1,000.00

$750.00

$100.00


Fee Totals

$2,095.50

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 06/12/2023

Determinate: 3 Years

Indeterminate: 2 Years

Retained Jurisdiction

Concurrent with other charge – this case


License Suspension

Type: Driver's License

Duration: 2 Years

Begin upon release of incarceration

Suspension Date: 06/12/2023


06/12/2023 Felony Sentence

2
Controlled Substance-Possession of
Felony Sentence

Fee Totals


$52.50

$285.50

$500.00


Fee Totals

$838.00

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 06/12/2023

Determinate: 3 Years

Indeterminate: 2 Years

Retained Jurisdiction

Retained Jurisdiction: 365 Days

Concurrent with other charge – this case


05/23/2024 Amended Felony Sentence

Amend Reason
Court Ordered

1
Officer-Flee or Attempt to Elude a Police Officer in a Motor Vehicle
Felony Sentence

Fee Totals


$245.50

$1,000.00

$750.00

$100.00


Fee Totals

$2,095.50

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 06/12/2023

Determinate: 3 Years

Indeterminate: 2 Years

Relinquished Jurisdiction

Concurrent with other charge – this case


License Suspension

Type: Driver's License

Duration: 2 Years

Begin upon release of incarceration

Suspension Date: 06/12/2023


05/23/2024 Amended Felony Sentence

Amend Reason
Court Ordered

2
Controlled Substance-Possession of
Felony Sentence

Fee Totals


$52.50

$285.50

$500.00


Fee Totals

$838.00

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 06/12/2023

Determinate: 3 Years

Indeterminate: 2 Years

Relinquished Jurisdiction

Concurrent with other charge – this case


03/21/2025 Amended Felony Sentence

Amend Reason
Court Ordered

1
Officer-Flee or Attempt to Elude a Police Officer in a Motor Vehicle
Felony Sentence

Fee Totals


$245.50

$1,000.00

$750.00

$100.00


Fee Totals

$2,095.50

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 06/12/2023

Determinate: 3 Years

Indeterminate: 2 Years

Relinquished Jurisdiction

Concurrent with other charge – this case

Credit Term: 209 Days


License Suspension

Type: Driver's License

Duration: 2 Years

Begin upon release of incarceration

Suspension Date: 06/12/2023


03/21/2025 Amended Felony Sentence

Amend Reason
Court Ordered

2
Controlled Substance-Possession of
Felony Sentence

Fee Totals


$52.50

$285.50

$500.00


Fee Totals

$838.00

Confinement

Type: State Prison

Facility: Idaho Department of Correction

Effective Date: 06/12/2023

Determinate: 3 Years

Indeterminate: 2 Years

Relinquished Jurisdiction

Concurrent with other charge – this case

Credit Term: 209 Days


Events and Hearings


  • 12/30/2022 Video Arraignment

    Original Type
    Video Arraignment

    Judicial Officer
    Axline, Scott E.

    Hearing Time
    1:30 PM

    Result
    Hearing Held

    Parties Present

    Defendant: Tharpe-Alire, Aubrey Cristina

  • 12/30/2022 New Case - Criminal

  • 12/30/2022 Criminal Complaint

  • 12/30/2022 Affidavit of Probable Cause

    Comment
    Redacted

  • 12/30/2022 Affidavit of Probable Cause

    Comment
    Unredacted

  • 12/30/2022 Request

    Comment
    for Bond Pros Request $50,000

  • 12/30/2022 Probable Cause Order

    Comment
    Minute Entry and Order

  • 12/30/2022 Arraignment

    Judicial Officer
    Axline, Scott E.

  • 12/30/2022 Notification of Rights

    Judicial Officer
    Axline, Scott E.

  • 12/30/2022 Application for Public Defender

    Judicial Officer
    Axline, Scott E.

  • 12/30/2022 Order Appointing Public Defender

    Judicial Officer
    Axline, Scott E.

  • 12/30/2022 Bond Set

    Judicial Officer
    Axline, Scott E.

    Comment
    $50,000.00

  • 12/30/2022 Custody Order of Sheriff

    Judicial Officer
    Axline, Scott E.

  • 12/30/2022 Notice of Hearing

    Judicial Officer
    Axline, Scott E.

  • 12/30/2022 Pretrial Services Program Interview

  • 12/30/2022 Court Minutes

  • 01/06/2023 Motion to Withdraw

    Comment
    Due to Conflict of Interest

  • 01/09/2023 Order Granting Leave to Withdraw as Atty of Record

    Judicial Officer
    Hooste, David A.

  • 01/09/2023 Request for Discovery

    Comment
    Rule 16

  • 01/11/2023 Preliminary Hearing

    Original Type
    Preliminary Hearing

    Judicial Officer
    Hooste, David A.

    Hearing Time
    9:00 AM

    Result
    Hearing Waived - Parties Stipulated

  • 01/11/2023 Waiver of Preliminary Hearing

    Judicial Officer
    Hooste, David A.

  • 01/11/2023 Order Waiving Preliminary Hearing (Written Waiver)

    Judicial Officer
    Hooste, David A.

  • 01/11/2023 Custody Order of Sheriff

    Judicial Officer
    Hooste, David A.

    Comment
    Continued @ $50,000.00

  • 01/11/2023 Bound Over (after Prelim)

  • 01/12/2023 Felony Information Filed

  • 01/12/2023 Felony Information Part 2

  • 01/20/2023 Response to Request for Discovery

  • 01/20/2023 Request for Discovery

  • 01/25/2023 Motion to Withdraw

  • 01/26/2023 Notice of Hearing

  • 02/06/2023 Arraignment - District Court

    Original Type
    Arraignment - District Court

    Judicial Officer
    Gabiola, Javier

    Hearing Time
    9:30 AM

    Result
    Hearing Held

    Comment
    & parrish's motion to withdraw

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Lavin, Amy J.

    Defendant: Tharpe-Alire, Aubrey Cristina

  • 02/06/2023 Custody Order of Sheriff

    Judicial Officer
    Gabiola, Javier

    Comment
    $50,000

  • 02/06/2023 Appear & Plead Not Guilty

    Judicial Officer
    Gabiola, Javier

  • 02/06/2023 Notice of Trial Setting, Final Pre-Trial Conference & Order

    Judicial Officer
    Gabiola, Javier

  • 02/07/2023 Court Minutes

  • 02/10/2023 Order Appointing Public Defender

    Comment
    Conflict Counsel

  • 02/10/2023 State's Supplemental Response to Request for Discovery

  • 03/29/2023 State's Supplemental Response to Request for Discovery

  • 03/30/2023 Plea Agreement

  • 03/30/2023 Guilty Plea Advisory

  • 03/30/2023 PSI Face Sheet

  • 03/30/2023 Probation Agreement

  • 03/30/2023 Standard Terms and Conditions of Probation

  • 04/03/2023 Pre-trial Conference

    Judicial Officer
    Gabiola, Javier

    Hearing Time
    4:00 PM

    Cancel Reason
    Vacated

  • 04/10/2023 Change of Plea

    Original Type
    Change of Plea

    Judicial Officer
    Gabiola, Javier

    Hearing Time
    9:30 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Lavin, Amy J.

    Defendant: Tharpe-Alire, Aubrey Cristina

    Public Defender - Conflict Counsel: Willis, R. Bradley

  • 04/10/2023 Change Plea to Guilty Before Hearing/Trial

    Judicial Officer
    Gabiola, Javier

  • 04/10/2023 Custody Order of Sheriff

    Judicial Officer
    Gabiola, Javier

    Comment
    $50,000

  • 04/10/2023 Order for Pre-Sentence Report (PSI)

    Judicial Officer
    Gabiola, Javier

  • 04/11/2023 Court Minutes

  • 04/18/2023 Jury Trial

    Judicial Officer
    Gabiola, Javier

    Hearing Time
    9:00 AM

    Cancel Reason
    Vacated

  • 06/05/2023 Pre-Sentence Report

  • 06/07/2023 Restitution Request

  • 06/12/2023 Sentencing

    Original Type
    Sentencing

    Judicial Officer
    Gabiola, Javier

    Hearing Time
    9:30 AM

    Result
    Hearing Held

    Parties Present

    State: State of Idaho

    Prosecuting Attorney: Lavin, Amy J.

    Defendant: Tharpe-Alire, Aubrey Cristina

    Public Defender - Conflict Counsel: Willis, R. Bradley

  • 06/12/2023 Custody Order of Sheriff

    Judicial Officer
    Gabiola, Javier

  • 06/12/2023 Judgment of Conviction, Retained Jurisdiction

    Judicial Officer
    Gabiola, Javier

  • 06/12/2023 Case Closed

  • 06/12/2023 Court Minutes

  • 06/14/2023 Sealed Order Correcting Information in Presentence Report

  • 09/22/2023 Letter

    Comment
    Retained Jurisdiction Placement Letter

  • 05/22/2024 Addendum to Pre-Sentence Investigation

  • 05/24/2024 Order Relinquishing Jurisdiction Without Hearing

  • 03/13/2025 Motion

    Comment
    for Credit for Time Served

  • 03/13/2025 Affidavit

    Comment
    of Defendant

  • 03/20/2025 Jail Time Served Report

  • 03/25/2025 Order

    Comment
    for Credit for Time Served

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