THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Judge. Tarango Deforest Padilla appeals from his judgments of conviction entered upon jury verdicts finding him guilty of two counts of grand theft and being a persistent violator. Specifically, he contends the district court erred in denying his motion in limine to exclude certain evidence. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE At approximately 2:30 a.m. one morning in August 2009,...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Chief Judge. William M. Tankovich, Jr. appeals from the judgment of conviction entered upon the jury verdicts finding him guilty of malicious harassment and conspiracy to commit malicious harassment. I. FACTUAL AND PROCEDURAL BACKGROUND Tankovich, as well as his two brothers, was charged by indictment with one count of malicious harassment and one count of conspiracy to commit malicious harassment. The indictment...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Chief Judge. Richard Sykes appeals from the district court's order granting summary judgment dismissing his professional malpractice claim. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Sykes attended a fireworks display at Ann Morrison Park on July 4, 2010. While at the display, Sykes tripped over a curb injuring both of his rotator cuffs. Sykes then hired Andrew Schepp, an attorney at Brady Law Chartered, to...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Judge. Keith Duane Cunningham appeals from the district court's orders denying his motion to dismiss his withheld judgment and denying his motion to reconsider. I. FACTUAL AND PROCEDURAL BACKGROUND Cunningham pled guilty to statutory rape. In 2002, the district court granted a withheld judgment and ordered Cunningham to seven years of probation. In 2011, Cunningham filed a motion to dismiss his withheld judgment,...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY LANSING, Judge. Jeffrey Eugene Thies appeals from his criminal convictions of trafficking in methamphetamine, two counts of injury to a child, possession of a controlled substance, possession of drug paraphernalia, and concealment of evidence. Thies asserts that the district court erred in denying his motion to suppress evidence. We affirm. I. BACKGROUND On the evening of August 11, 2010, a driver made a 911 call to report...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PERRY, Judge Pro Tem. Stefan James Pfeiffer appeals from his judgment of conviction, entered following his conditional plea of guilty to trafficking in methamphetamine or amphetamine, Idaho Code 37-2732B(a)(4). Specifically, Pfeiffer challenges the district court's orders denying his motion to suppress and denying his Idaho Criminal Rule 35 motion. We affirm. I. FACTS AND PROCEDURE Dispatch notified officers of a 911 call...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Jody Lee Nelson pled guilty to assault with intent to commit a serious felony. Idaho Code 18-909. The district court sentenced Nelson to a unified term of ten years, with four years determinate. Nelson appeals, contending his sentence is excessive. Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the sentence...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PERRY, Judge. Patty Ann Maxim appeals from her judgment of conviction for possession of a controlled substance. Specifically, she asserts the district court erred by denying her motion to withdraw her guilty plea. We affirm. Pursuant to plea negotiations, Maxim entered an Alford plea 1 to possession of methamphetamine. As a part of these negotiations, the state recommended mental health court. At the change of plea hearing,...
GUTIERREZ, Judge. Nathan Wade Herren appeals from the district court's order, on intermediate appeal, affirming his judgment of conviction entered upon the magistrate's verdict finding him guilty of violation of a no contact order and affirming the revocation of his withheld judgment based on the magistrate's finding that he was in violation of his probation. For the reasons set forth below, we reverse and remand the case. I. FACTS AND PROCEDURE In the course of an ongoing dispute between...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY LANSING, Judge. Dennis O. Cox pleaded guilty to a felony charge of injury to a child. At the sentencing hearing, the district court struck portions of the presentence investigation report (PSI) that were determined to be speculative. Cox asserts that the district court erred by denying his motion to strike the entire PSI and to order a new one, that the court erred by denying his motion to disqualify the judge, and that his...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. In docket number 39675, Lordden Flint Shamy pled guilty to domestic battery. Idaho Code 18-903, 18-918(5), (7)(A). The district court sentenced Shamy to a unified term of five years, with three years determinate, but suspended the sentence and placed Shamy on probation. Subsequently, Shamy admitted to violating his probation. The district court revoked probation, but retained jurisdiction. At the conclusion of...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Judge. The Idaho Transportation Department (ITD) appeals from the district court's memorandum opinion vacating the order of the ITD hearing officer upholding the suspension of James Darrin Broadfoot's driver's license due to failure of an evidentiary test for alcohol concentration. For the reasons set forth below, we reverse the district court's order. I. FACTS AND PROCEDURE On an early morning in October 2010,...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY LANSING, Judge. David M. Estes appeals from the district court's order dismissing his lawsuit on summary judgment. We affirm. I. BACKGROUND According to Estes's complaint, in May 2011, Dale D. Yocum was elected to a trustee position on Lewiston Independent School District No. 1's governing board of trustees ("school board"). Estes was Yocum's campaign manager. When Estes inquired as to when Yocum would assume office, the...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Edward Conce Maxwell pled guilty to delivery of a controlled substance, Idaho Code 37-2732(a), and possession of a controlled substance with the intent to deliver, I.C. 37-2732(a). The district court sentenced Maxwell to a unified term of five years, with one year determinate, for the delivery conviction and a consecutive, indeterminate term of five years for the possession conviction. Maxwell filed an Idaho...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY WALTERS, Judge pro tem. Spencer Jay Maschek appeals from the district court's order summarily dismissing his petition for post-conviction relief. Maschek claims that his counsel was ineffective for failing to withdraw his guilty plea after the district court relinquished jurisdiction and failing to adequately explain the plea agreement. I. FACTUAL AND PROCEDURAL BACKGROUND In the underlying criminal case, Maschek entered an...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON, Judge. Amanda Leann Skogen appeals from her judgment of conviction and sentence for voluntary manslaughter. For the reasons set forth below, we affirm. On October 4, 2010, medics responded to a call from Skogen, who reported a three-year-old child she was babysitting had become limp and nonresponsive. Emergency personnel transported the child to the hospital, where doctors determined that the child suffered from two...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Dusty Hal Runner was convicted of felony violation of a no contact order, Idaho Code 18-920. The district court imposed a unified sentence of five years with two years determinate and retained jurisdiction. At the conclusion of the retained jurisdiction program, the court relinquished jurisdiction and ordered execution of Runner's sentence. Runner made an oral Idaho Criminal Rule 35 motion, which the district...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY SCHWARTZMAN, Judge Pro Tem. Maximiliano Raul Sileoni appeals from his judgment of conviction and sentence imposed following the entry of his guilty pleas to battery with intent to commit a serious felony (rape) and a sentencing enhancement of possession of a deadly weapon during the commission of a crime. Specifically, Sileoni asserts that the district court erred by failing to inquire as to the factual basis for Sileoni's...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Chief Judge. Larry Dean Corwin appeals from his judgment of conviction for felony driving under the influence, and the district court's finding that he was a persistent violator. For the reasons set forth below, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Police stopped Corwin on suspicion of driving under the influence. Corwin performed three field sobriety tests, failing each one. He was arrested and later...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Chief Judge. Hilario Guel, Jr., appeals from the judgment of conviction for felony domestic violence, Idaho Code 18-903, 18-918(2), attempted strangulation, I.C. 18-923, violation of a no contact order, I.C. 18-920, and persistent violator, I.C. 19-2514. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Melissa Davidson became romantically involved with Guel in 2007 and subsequently moved into Guel's house....
