THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Ed Smith, Jr. was convicted of felony domestic battery with traumatic injury, Idaho Code 18-903(a)(b), 18-918(2). The district court imposed a unified ten-year sentence with a three-year determinate term. Smith appeals, contending that 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...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Chief Judge. Arturo Salinas appeals from the judgment of the district court summarily dismissing his petition for post-conviction relief. For the reasons that follow, we vacate and remand. I. FACTS AND PROCEDURE Underlying this post-conviction relief action is Salinas' guilty plea to aggravated battery, with an enhanced sentence for use of a firearm or deadly weapon. Salinas was sentenced to a unified term of...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Ruben Carreon Mendoza entered an Alford 1 plea to domestic battery with traumatic injury. I.C. 18-918(2). In exchange for his guilty plea, the state agreed not to pursue an allegation that Mendoza was a persistent violator. The district court sentenced Mendoza to a unified term of ten years, with a minimum period of confinement of one and one-half years. Mendoza filed an I.C.R 35 motion, which the district...
LANSING , Judge . This dispute concerns financial liability for a mobile home on which defendant Don Macdonald was a lienholder and which was abandoned by the registered owners and left on property belonging to plaintiff Idaho Property Management Services, Inc. (IPMS). Macdonald appeals from a summary judgment in favor of IPMS. We reverse and remand. I. BACKGROUND According to defendant Macdonald, he at some point loaned money to Christopher and Rebekah Pattison and acquired a lien on...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON, Judge. Thomas D. Hendren appeals from his judgment of conviction for aggravated battery. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE Hendren was outside his house when the victim in this case drove past in his vehicle. One of the two yelled and made an obscene gesture at the other and the victim turned his vehicle around. As the victim was driving back toward Hendren's house, Hendren...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Christopher Allen Worthley pled guilty to attempted strangulation and violation of a no contact order. Idaho Code 18-923, 18-920. The district court entered a withheld judgment and placed Worthley on probation for a period of seven years. Subsequently, he violated his probation and the district court revoked his probation and imposed a unified sentence of ten years with three years determinate and retained...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Jose Luis Soto entered an Alford 1 plea to aggravated assault. Idaho Code 18-901(a)(b), 18-905(a), 18-204. The district court sentenced Soto to a unified sentence of five years with one year determinate and ordered that it run consecutively to his sentence in a prior case. Soto appeals asserting that the district court abused its discretion by ordering his sentence in this matter to run consecutive to, rather...
MELANSON , Judge . Kirk Julliard Gosch appeals from his judgment of conviction for manufacturing marijuana, possession of marijuana with intent to deliver, and possession of marijuana in excess of three ounces. Specifically, Gosch challenges the district court's denial of his motion to suppress. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE The following facts were found by the district court after an evidentiary hearing on Gosch's motion to suppress. Gosch was...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Cayde Lee Lish was found guilty of voluntary manslaughter, I.C. 18-4006(1), and use of a deadly weapon, I.C. 19-2520. The district court sentenced Lish to a unified term of twenty-two years, with a minimum period of confinement of ten years. Lish filed an I.C.R 35 motion, which the district court denied. Lish appeals. Sentencing is a matter for the trial court's discretion. Both our standard of review and the...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Judge. Terry Lee Kerr appeals from the district court's order dismissing several statutory and common law claims he had made regarding the foreclosure and trustee's sale of a property located in Ammon, Idaho. I. FACTUAL AND PROCEDURAL BACKGROUND Jerry Jones obtained a loan secured by a deed of trust on property in Ammon, Idaho, which is the focus of this litigation. Subsequently, Jones executed a quitclaim deed...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Ernest Alexander Bercier, Jr. was convicted of felony driving under the influence of alcohol, Idaho Code 18-8004, 18-8005(9). The district court sentenced Bercier to a unified term of eight years, with a minimum period of confinement of four years. Bercier appeals, contending that his sentence is excessive. Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Chief Judge. A jury found Bryann Kristine Lemmons guilty of two counts of trafficking in methamphetamine and two counts of conspiracy to traffic in methamphetamine. After post-verdict motions and hearings, the district court acquitted Lemmons of the two trafficking counts and two conspiracy counts, but denied an acquittal or a new trial on delivery, a lesser included offense of trafficking. The State filed an...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. In Docket No. 41404, Viola Lavita Quintana pled guilty to burglary, I.C. 18-1401, and the district court imposed a unified seven-year sentence with a three-year determinate term, but retained jurisdiction. Following successful completion of the rider program, the district court suspended the sentence and placed Quintana on probation. In Docket No. 41405, Quintana pled guilty to burglary. I.C. 18-1401. In...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Chief Judge. Frederick Allen Hileman appeals from his judgment of conviction upon jury verdicts finding him guilty of three counts of lewd conduct with a minor under sixteen and two counts of sexual abuse of a child under the age of sixteen. Specifically, he contends the district court improperly allowed the State to introduce Idaho Rule of Evidence 404(b) evidence against him. For the reasons set forth below, we...
GUTIERREZ, Chief Judge. Michael L. Brown appeals from the judgment of the district court dismissing his appeal as untimely. For the reasons that follow, we vacate and remand. I. FACTS AND PROCEDURE This appeal arises out of a divorce proceeding begun by Heather G. Brown (Heather) against Michael. On June 13, 2013, a magistrate signed a divorce decree, and the clerk of the district court file stamped the decree on June 14. On June 28, the clerk faxed the decree to Heather's attorney and to a...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Marc Robert Inabnet was convicted of accessory to a felony, Idaho Code 18-205, and perjury, I.C. 18-5401. The district court imposed concurrent unified sentences of five years with one and one-half years determinate for the accessory charge, and six years with one and one-half years determinate for perjury. Inabnet filed an Idaho Criminal Rule 35 motion, which the district court denied. Inabnet appeals the...
PER CURIAM. Christopher D. Griffith was convicted of first degree murder by aggravated battery in the death of a two-year-old, Idaho Code 18-4003(d). He was sentenced to a unified life term of incarceration with twenty-two years fixed. Years later, Griffith filed an Idaho Criminal Rule 35 motion, arguing that the twenty-two-year fixed term of his sentence is illegal. The district court denied the Rule 35 motion and Griffith appeals. Griffith argues that the twenty-two-year fixed term of his...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Juan Rolando Vasquez was convicted of felony domestic violence in the presence of children, Idaho Code 18-903(b), 18-918(4). The district court imposed a unified term of nine years with a minimum period of confinement of two years, suspended the sentence, and placed Vasquez on probation. Subsequently, Vasquez admitted to violating several terms of his probation. The district court revoked probation and ordered...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Chief Judge. James Neil Moen appeals from the judgment of the district court summarily dismissing his amended petition for post-conviction relief. For the reasons that follow, we affirm in part, reverse in part, and remand. I. FACTS AND PROCEDURE This post-conviction action arises out of Moen's conviction for felony driving under the influence. As part of a plea agreement, Moen pled guilty to felony driving under...
SCHWARTZMAN, Judge Pro Tem. Larry Severson was convicted of one count of first degree murder and one count of poisoning food or medicine. He took a direct appeal to the Idaho Supreme Court wherein he contended, inter alia, that certain unobjected-to statements in the State's closing arguments amounted to prosecutorial misconduct. This claim was denied over a two-justice dissent that would have concluded that these and other statements did amount to reversible error. After his first appeal...
