THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . David Allan Iser entered an Alford 1 plea of guilty to felony domestic violence. Idaho Code 18-918(2), 18-903(a). The district court sentenced Iser to a unified term of ten years with nine years determinate. Iser filed an I.C.R. 35 motion, which the district court denied. Iser appeals asserting that the district court abused its discretion by imposing and excessive sentence and by denying his Rule 35 motion....
MELANSON , Chief Judge . The state appeals from the district court's order on intermediate appeal vacating Brian W. Pierce's judgment of conviction for violating a domestic violence protection order. For the reasons set forth below, we affirm. The facts of this case are not disputed. Pierce and his ex-wife were in litigation over issues related to their divorce. The magistrate ordered that the house the parties had been living in was Pierce's separate property, but his ex-wife and her...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON , Judge . Brandon Grant Gould appeals from the district court's order summarily dismissing his successive petition for post-conviction relief. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND A grand jury indicted Gould on one count of lewd conduct with minor child under sixteen, Idaho Code 18-1508, and one count of sexual abuse of a child under the age of sixteen years, I.C. 18-1506. A jury found Gould guilty...
MELANSON , Chief Judge . Gary Wayne Mallory, II, appeals from the district court's dismissal of his petition for post-conviction relief. For the reasons set forth below, we affirm in part, vacate in part, and remand. I. FACTS AND PROCEDURE Mallory was found guilty of murder in the first degree (I.C. 18-4001, 18-4002, and 18-4003) and domestic battery (I.C. 18-918(2)(a) and 18-903(a)). On appeal, this Court affirmed Mallory's judgment of conviction in an unpublished opinion. State...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON , Judge . Joshua V. Hauser appeals from the district court's denial of his petition to be released from sex offender registry requirements. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND In 1996, Hauser was a student at the University of Idaho and he downloaded several child pornography files to the University of Idaho's web server. Hauser subsequently pled guilty to possession of sexually exploitative materials...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . Billy D. Corning IV pleaded guilty to violation of a no contact order, felony, I.C. 18-920. The district court imposed a unified five-year sentence, with two years determinate. At sentencing, the district court verbally granted Corning credit for time served. The original judgment of conviction did not reflect that Corning was given credit for time served. Corning filed an I.C.R. 35 motion requesting reduction...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY HUSKEY , Judge . Thomas T. Melvin appeals from his judgment of conviction for lewd conduct with a minor. Specifically, Melvin argues that the State committed prosecutorial misconduct during closing argument and that the district court abused its discretion by imposing an excessive sentence. For the reasons set forth below, we affirm. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY In the early morning hours of July 18, 2013,...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON , Chief Judge . Taylor Swain appeals from his judgment of conviction for possession of a controlled substance. He contends that the district court erred in denying his motion to suppress evidence collected during a search incident to his arrest. For the reasons set forth below, we affirm. An officer initiated a traffic stop after witnessing Swain make an illegal lane change. Swain did not have a driver's license...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ , Judge . Miguel A. Gonzalez appeals from his judgment of conviction entered upon his conditional Alford 1 plea to possession of methamphetamine. Gonzalez challenges the district court's denial of his motion to suppress. For the reasons set forth below, we affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Two officers arrived at the residence of a probationer to perform a probation check. After the probationer's...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . John William Peppard pled guilty to felony domestic violence. I.C. 18-903 and 18-918(3). The district court sentenced Peppard to a unified term of ten years, with a minimum period of confinement of one year. The district court suspended the sentence and placed Peppard on probation. Peppard violated his probation, served a period of retained jurisdiction, and again violated his probation. Following the second...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . In Docket No. 42973, Kevin E. Mays pled guilty to stalking. I.C. 18-7905(1)(a) and 18-7906(1)(a). The district court sentenced Mays to a unified term of five years, with a minimum period of confinement of two years, suspended the sentence and placed Mays on probation. In Docket No. 42974, Mays pled guilty to injuring jails. I.C. 18-7018. The district court sentenced Mays to a unified term of five years,...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . Timothy Joshua Miller pled guilty to domestic battery with traumatic injury. Idaho Code 18-903(a), 18-908(2). The district court sentenced Miller to a unified term of seven years with three years determinate and retained jurisdiction. Miller filed an I.C.R 35 motion, which the district court denied. Miller appeals asserting that the district court abused its discretion by imposing an excessive sentence and by...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY HUSKEY , Judge . Steven Brian Harris appeals from the district court's judgment of conviction and oral order denying his motion to suppress. We affirm both. I. FACTUAL AND PROCEDURAL BACKGROUND On the evening in question, a hotel security guard received a complaint that two patrons, Harris and his fianc e, Heather Heard, were yelling at one another. The security guard observed the couple arguing, approached them, and...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ , Judge . Jose Manuel Gonzalez appeals from the district court's judgment summarily dismissing his petition for post-conviction relief. Specifically, Gonzalez requests that this Court vacate the district court's summary dismissal because a genuine issue of material fact exists as to whether his guilty plea was voluntary. For the reasons discussed below, this Court affirms. I. FACTUAL AND PROCEDURAL BACKGROUND...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY HUSKEY , Judge . Leslie Roy Lynch appeals from an order summarily dismissing post-conviction claims. For the reasons set forth below, we affirm. I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY The underlying facts of the criminal case are set forth in this Court's decision in Lynch's direct appeal. State v. Lynch, No. 37303 (Ct. App. Feb. 14, 2012) (unpublished). Lynch pled guilty to and was convicted of two counts of...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . Jonathan Daniel Rojas entered an Alford 1 plea to felony domestic battery, Idaho Code 18-903(a), (b), and 18-918(3)(c); and felony violation of a no contact order, I.C. 18-920. In exchange for his guilty plea, additional charges were dismissed. The district court imposed concurrent unified sentences of five years, with minimum terms of confinement of two years. Rojas filed an Idaho Criminal Rule 35...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON , Chief Judge . Donald Ray Yarber, III, appeals from his judgment of conviction and sentences for five counts of video voyeurism. Specifically, Yarber asserts that the district court erred in admitting certain evidence at trial, that the district court erred in denying his motion for judgment of acquittal, and that his sentences are excessive. For the reasons set forth below, Yarber's judgment of conviction and...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . Robert Allan Armfield pled guilty to felony domestic violence. I.C. 18-918(2) and 18-903(a). In exchange for his guilty plea, additional charges were dismissed including an allegation that he was a persistent violator. The district court sentenced Armfield to a unified term of ten years, with a minimum period of confinement of five years. Armfield filed an I.C.R. 35 motion, which the district court denied....
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON , Chief Judge . Justin Scott Cosner appeals from his judgment of conviction and sentence for robbery. Specifically, Cosner argues that the district court erred in denying his motion to withdraw his guilty plea and asserts that his sentence is excessive. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE Cosner was arrested and charged with two counts of robbery and two counts of kidnapping after...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM . Matthew Dale Stonecipher pled guilty to aggravated assault, Idaho Code 18-901(b), 18-905(b). The district court imposed a unified sentence of five years, with a minimum term of confinement of one year, to run consecutive to a sentence in a prior case. Stonecipher appeals, contending that his sentence is excessive. Sentencing is a matter for the trial court's discretion. Both our standard of review and the...
