THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Justus John Merrill pled guilty to domestic battery inflicting traumatic injury. I.C. 19-918(2)(A). In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Merrill to a unified term of four years, with a minimum period of confinement of one and one-half years, suspended the sentence, and placed Merrill on probation. Merrill appeals. Sentencing is a matter for the trial...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. John August Funkhouser was found guilty of second degree murder. I.C. 18-4001, 18-4002, and 18-4003. The district court sentenced Funkhouser to a unified life term, with a minimum period of confinement of six years. Funkhouser appeals. 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 are well...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Chief Judge. Adriel Ayon Nunez appeals from the district court's judgment denying his motion for appointment of counsel and dismissing his successive petition for post-conviction relief. Specifically, he contends the district court erred by denying his motion for appointment of counsel. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE In 2003, Nunez was convicted of trafficking in...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY LANSING, Judge. John Joseph Marr appeals from the district court's judgment entered after his conviction for felony domestic battery. Marr contends that the district court erred in imposing sentence by failing to consider the sentencing factors set forth in Idaho Code 19-2521 and that his sentence is otherwise excessive. He also contends that his trial counsel was ineffective. We affirm. I. BACKGROUND After an assault on...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY. PER CURIAM. Furley Edward Chandler pled guilty to possession of a controlled substance. Idaho Code 37-2732(c). The district court sentenced Chandler to a unified term of seven years, with a minimum period of confinement of two years, to run concurrently with Chandler's other sentences. Chandler appeals asserting that the district court imposed an excessive sentence. Sentencing is a matter for the trial court's discretion....
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY. PER CURIAM. Cynclaire Lamarr Woods was found guilty of two counts of aggravated battery, Idaho Code 18-903(a), 18-907(b); and one count of aggravated assault, I.C. 18-901(b), 18-905(a). The district court sentenced Woods to concurrent unified sentences of twenty years, with a minimum period of confinement of five years, for two counts of aggravated battery and concurrent unified sentence of ten years with five years...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Adrian Allan Harthcock was convicted of two counts of lewd conduct with a minor under sixteen, Idaho Code 18-1508. The district court imposed two consecutive life sentences with ten years determinate. Harthcock filed an Idaho Criminal Rule 35 motion, which the district court denied. Harthcock appeals from the denial of his Rule 35 motion. A Rule 35 motion is a request for leniency which is addressed to the sound...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY WALTERS, Judge Pro Tem. Jesse Stephen Barber appeals from his judgment of conviction for felony domestic battery. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE Following a physical altercation between Barber and his girlfriend, the state charged Barber with felony domestic battery. I.C. 18-918(2)(a). In the alternative, the state charged misdemeanor domestic battery. I.C. 18-918(3)(b). Predicated...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Anthony C. Ireland, aka Craig Ireland pled guilty to lewd conduct with a minor under sixteen. I.C. 18-1508. In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Ireland to a unified term of twenty years, with a minimum period of confinement of five years. Ireland filed an I.C.R 35 motion, which the district court denied. Ireland appeals. A motion for reduction of...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY LANSING, Judge. In his second appeal in this post-conviction case, Christopher Conley Tapp challenges the district court's summary dismissal of his claim that his defense counsel provided ineffective assistance by failing to present evidence of his diminished mental capacity in support of his trial motion to suppress his confession as involuntary. Tapp contends that because this Court, in his prior post-conviction appeal,...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Jesus Rudy Calvo-Jimenez pled guilty to aggravated assault with an enhancement for use of a deadly weapon. I.C. 18-905, 18-906, and 19-2520. The parties entered into a binding I.C.R. 11 plea agreement. Pursuant to the agreement and in exchange for Camarillo's guilty plea, the state dismissed additional charges. Camarillo waived his right to file an I.C.R. 35 motion for reduction of his sentence and waived his...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY WALTERS, Judge Pro Tem. Nicholas David Johnson appeals from his judgment of conviction for murder in the second degree following a jury trial and from the district court's order denying his Idaho Criminal Rule 35 motion. On appeal, Johnson asserts that the district court erred when it admitted several autopsy photographs in evidence without conducting the balancing test required under Idaho Rule of Evidence 403. He also...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Chief Judge. Brandon Gould appeals from the judgment denying his petition for post-conviction relief. Specifically, Gould asserts the district court erred by applying incorrect legal standards to evaluate his ineffective assistance of counsel claims and, when evaluated under the correct standard, the district court erred by denying his post-conviction petition. For the reasons that follow, we affirm. I. FACTS AND...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Chief Judge. Donna Kay Thorngren appeals from the judgment dismissing her amended petition for post-conviction relief. On appeal, Thorngren argues the district court erred by granting summary dismissal of Thorngren's claim of ineffective assistance of defense counsel. For the reasons that follow, we affirm. I. FACTS AND PROCEDURE Underlying this post-conviction relief action is Thorngren's conviction of first...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON, Judge. Justin Robert Wicklund appeals from the district court's order denying his petition for post-conviction relief following an evidentiary hearing in which he alleged ineffective assistance of counsel. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE Wicklund was originally charged with rape, aggravated assault, and domestic violence. However, pursuant to a plea agreement, he pled guilty to...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Colby Reid Heaton was convicted of aggravated battery with a deadly weapon enhancement, Idaho Code 18-907(1)(B), 19-2520; and aggravated assault, I.C. 18-905(A). The district court sentenced Heaton to a unified term of twenty-five years with five years determinate for the battery charge and a concurrent five-year determinate term for the assault charge, and ordered the sentences to run consecutively to the...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON, Judge. Hector Herman Paez appeals from his judgment of conviction for felony driving under the influence and being a persistent violator of the law. Specifically, he contends that the district court erred by denying his motion to suppress for lack of reasonable suspicion. For the reasons set forth below, we affirm. Paez was charged with felony driving under the influence (DUI) after officers discovered him...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. In this consolidated appeal, Travis Lynn Wheeler was convicted of escape, Idaho Code 18-2505(1), and burglary, I.C. 18-1401. The district court sentenced Wheeler to a unified term of three years with a minimum period of confinement of one year for escape. Wheeler filed an Idaho Criminal Rule 35 motion for reduction of the sentence, which he later withdrew. In the burglary case, the district court sentenced...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Judge. Ronald Lee Macik appeals from the district court's order summarily dismissing his petition for post-conviction relief. For the reasons stated below, we reverse and remand to the district court for further proceedings. In 1972, Macik pled guilty to first degree murder and the district court imposed a life sentence. Macik did not appeal, or any appeal that he filed was dismissed, as there is no record of an...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Harvey Paul Guthrie appeals from his judgment of conviction for felony driving under the influence. Specifically, Guthrie contends the district court erred by denying his motion to suppress. For the reasons set forth below, we affirm. On the evening of July 12, 2008, Officer Reed Morrell with the Pocatello Police Department initiated a traffic stop of Guthrie after observing Guthrie cross over the center line...
