LORELLO , Judge . Mark Scotton and Dawn Scotton appeal from the district court's order denying their motion to set aside an order of default and from the final default judgment. For the reasons set forth below, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND On July 8, 2016, John S. Kirby and Vicky L. Kirby filed a complaint against the Scottons asserting claims for trespass, nuisance, negligence, and a request for injunctive relief. The Kirbys asserted that the Scottons' irrigation...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY LORELLO , Judge . Mark Nolan Paradis appeals from the district court's decision upon judicial review affirming the Idaho Transportation Department's (ITD) order suspending Paradis's driver's license after failing a blood alcohol concentration test. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE On June 26, 2016, at approximately midnight, an officer observed the passenger-side tires of Paradis's...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON , Chief Judge . Travis William Coats appeals from the district court's judgment of conviction entered upon his conditional guilty plea to operating a motor vehicle while under the influence of an intoxicating substance. Specifically, Coats challenges the district court's denial of his motion to suppress the test results of a warrantless blood draw. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Coats rear-ended...
GRATTON , Chief Judge . The State appeals from the district court's judgment granting Cuc Phuoc Ho's petition for post-conviction relief. We reverse. I. FACTUAL AND PROCEDURAL BACKGROUND In 2004, Ho pled guilty to distribution of marijuana and possession of a controlled substance, both felonies. On October 4, 2004, the district court imposed a sixty-day sentence, withheld the judgment, and placed Ho on probation for seven years. On May 3, 2007, Ho filed a motion to set aside his guilty...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY HUSKEY , Judge . Praveen Khurana appeals from the district court's order granting AMCO Insurance Company's motion for summary judgment. He argues the district court erred when it: (1) found the phrase "coverage territory" in the AMCO policy to be unambiguous; (2) did not construe the facts of the case in his favor; and (3) declined to address his estoppel argument. He also argues that he is entitled to attorney fees on...
GUTIERREZ , Judge . Patricia J. Thompson appeals from the district court's order affirming the magistrate's denial of Patricia's motion for relief from judgment and granting Ronald L. Thompson's motion to dismiss and award of attorney fees. For the reasons set forth below, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Patricia and Ronald stipulated to a judgment and decree of divorce on July 23, 2013. The magistrate entered its judgment and decree of divorce on August 21, 2013. The...
GRATTON , Chief Judge . The Idaho Transportation Department (ITD) appeals from the district court's decision setting aside ITD's denial of Jesse Leroy Herrmann's request for an administrative license suspension hearing. ITD determined that Herrmann's request was untimely. We affirm the district court's determination that the request was timely. I. FACTUAL AND PROCEDURAL BACKGROUND Herrmann failed an evidentiary breath test on Sunday, December 6, 2015, and was arrested and charged with...
GRATTON , Chief Judge . Kenneth M. Workman appeals from the district court's order affirming the magistrate's decision to grant Christopher Rich's (Rich) motion to dismiss and the Idaho Department of Correction's (IDOC) motion for summary judgment. I. FACTUAL AND PROCEDURAL BACKGROUND In 2001, Workman drove his vehicle off Interstate 84 and into two pickups parked on the side of the road. At the time of the crash, Workman was under the influence of heroin, methamphetamine, and THC. The...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON , Judge . Charline J. Bobolack appeals from the district court's order, on intermediate appeal from the magistrate, affirming Bobolack's judgment of conviction for disturbing the peace. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE An officer was dispatched to a bowling alley parking lot in response to a report that Bobolack and another woman were yelling at each other from across the street....
MELANSON , Chief Judge . The Ada County Prosecuting Attorney appeals from judgment in a civil forfeiture action in favor of William Scott DeMint. For the reasons set forth below, we vacate the judgment and remand. DeMint was stopped for speeding and failure to signal on August 20, 2014. A subsequent search of DeMint's vehicle revealed controlled substances, paraphernalia, and money. Following DeMint's arrest, Ada County filed an in rem complaint alleging DeMint's vehicle and all items...
HUSKEY , Judge . Scott Alan Moore appeals from the district court's denial of his motion to reduce his felony conviction to a misdemeanor conviction pursuant to Idaho Code Section 19-2604. Moore argues I.C. 19-2604(3) is unconstitutional because it violates Idaho's separation of powers doctrine, violates his Fourteenth Amendment due process rights under the United States Constitution, and denies him equal protection under the Idaho and United States Constitutions. We hold I.C. 19-2604(3)...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON , Judge . Don Edward Collom appeals from his judgment of conviction for lewd conduct with a minor child under sixteen. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Collom owned a resort and employed J.W., a fifteen-year-old boy, at the resort. J.W. alleged Collom molested him in one of the rooms at the resort. J.W. told his friend (Friend) about the alleged incident. The State charged Collom with lewd conduct...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ , Judge . Alfred Fairbanks appeals from his judgment of conviction for four counts of provider fraud. He challenges both the sufficiency of the evidence supporting his conviction as well as the district court's denial of his motion for a new trial. For the reasons set forth below, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Fairbanks is a dentist located in Pullman, Washington. The Office of the Idaho...
MELANSON , Chief Judge . Cody James Fortin appeals from the district court's summary dismissal of his petition for post-conviction relief. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE In 2009, the state charged Fortin with aggravated battery (I.C. 18-903(a), 18-907(a), and 18-907(b)) and use of a deadly weapon in the commission of a crime (I.C. 19-2520). A jury found Fortin guilty. Fortin was sentenced to a unified term of twenty-five years, with a minimum...
GRATTON , Judge . Tarango Deforest Padilla appeals from the district court's denial of his petition for post-conviction relief. For the reasons set forth below, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND At approximately 2:30 a.m., Officer Gonzales was patrolling an alley in a marked police car with the headlights turned off. He watched as Padilla entered the alley and began "shuffling" and "fumbling around." When Padilla exited the alley, Officer Gonzales drove onto the street,...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . In 43408, Brody McEwen Trout pleaded guilty to unlawful possession of a firearm, felony, Idaho Code 18-3316, and the district court imposed a determinate five-year sentence to run concurrently with his sentences in 43409. In 43409, Trout pleaded guilty to possession of a controlled substance, methadone, felony, I.C. 37-2732(c)(1), and two counts of robbery, felony, I.C. 18-6501, 18-6502, and the district...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON , Judge . Cecilio Ponce Alba appeals from the district court's order denying Alba's motion to enlarge time to file a motion to suppress. In the alternative, Alba claims the district court imposed an excessive sentence. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Alba was indicted by a grand jury on one count of conspiracy to traffic in methamphetamine, Idaho Code 37-2732B(a)(4)(C), 37-2732B(b), 18-1701,...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY WALTERS , Judge Pro Tem. Valentino Alex Herrera appeals from the district court's judgment summarily dismissing his petition for post-conviction relief. For the reasons set forth below, we affirm. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY In the underlying criminal action, Herrera was charged with battery on a peace officer and the persistent violator sentencing enhancement. Herrera and the victim, a former sheriff's...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY HUSKEY , Judge . Jesse Stephen Barber appeals from the district court's judgment dismissing his complaint, arguing that summary judgment was inappropriate because he raised a genuine issue of material fact. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Officer Steele observed Barber through the window of Barber's mother's home. In his affidavit, Officer Steele testified that he knew Barber had been charged with...
MELANSON , Chief Judge . Troy Dwayne Payne appeals from the district court's judgment summarily dismissing his petition for post-conviction relief. Specifically, Payne argues he raised a genuine issue of material fact regarding ineffective assistance of his trial counsel for failing to request jury instructions on two defenses—innocent or temporary possession and misfortune or accident. For the reasons set forth below, the district court's order summarily dismissing Payne's petition for...
