GRATTON, Judge. This is an appeal from the district court's order affirming the magistrate's denial of a motion to suppress and a motion to dismiss. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Jacobson was arrested for misdemeanor driving under the influence of alcohol (DUI), Idaho Code 18-8004. He was transported to the jail, read the statutory advisory form, and asked to take a breath test which he failed. Jacobson ostensibly made two telephone calls, and on the second call...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY WALTERS, Judge Pro Tem. This is an appeal from an order dismissing an application for post-conviction relief and from an order denying the petitioner's motion for relief under Idaho Rule of Civil Procedure 60(b). We affirm. I. BACKGROUND The petitioner, Melvin McCabe, pled guilty to malicious injury to property, a felony. Idaho Code 18-7001. The charge stemmed from a fire that had occurred at his estranged wife's...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM Orlando Figueroa pled guilty to aggravated battery. I.C. 18-903(a), 18-907(b). In exchange for Figueroa's guilty plea, the state dismissed an enhancement to the aggravated battery. The district court sentenced Figueroa to a unified term of fifteen years, with a minimum period of confinement of four years, to run concurrent with an unrelated sentence. Figueroa filed an I.C.R 35 motion, which the district court...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY LANSING, Chief Judge. Walter and Virginia Bayes appeal from the district court's order dismissing their petition for a writ of mandamus for lack of standing. We affirm. I. BACKGROUND In November of 2009, the Bayeses filed a petition seeking a writ of mandamus to stop all abortions except those performed to save the life of the mother. The named defendants, State of Idaho, Governor C.L. "Butch" Otter, and Attorney General...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Judge. Benjamin Cory Simons appeals his judgment of conviction for possession of a controlled substance, with an intent to deliver, Idaho Code 37-2732(a)(1)(A), rendered upon a conditional guilty plea. Simons argues the district court erred in partially denying his motion to suppress. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Idaho State Police Trooper Bingham stopped a vehicle on I-84 for speeding. Bingham...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM Charles William Smith pled guilty to felony injury to a child. I.C. 18-1501(1). In exchange for this guilty plea, an additional charge was dismissed. The district court sentenced Smith to a determinate term of ten years. Smith filed an I.C.R. 35 motion, which the district court denied. Smith appeals. Initially, we note that a motion for reduction of sentence under I.C.R. 35 is essentially a plea for leniency,...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Judge. James Robertson appeals from the district court's order denying his petition for release from registration requirements under Idaho's Sexual Offender Registration Notification and Community Right-to-Know Act (Registration Act). For the reasons set forth below, we affirm. I. BACKGROUND In 1990, Robertson pled guilty to one count of sexual abuse of a child under the age of sixteen years pursuant to I.C. 18-...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM David Clark Lanham pled guilty to felony driving under the influence. I.C. 18-8004, 18-8005(6). In exchange for his guilty plea, an additional charge was dismissed. The district court sentenced Lanham to a unified term of ten years, with a minimum period of confinement of one year. 1 Lanham appeals. Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to be...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM Manuel Alvarez-Cabrera pled guilty to aggravated driving under the influence. I.C. 18-8006. In exchange for his guilty plea, the state agreed not to file a second count of aggravated driving under the influence. The district court sentenced Alvarez-Cabrera to a unified term of ten years, with a minimum period of confinement of five years. Alvarez-Cabrera appeals. Sentencing is a matter for the trial court's...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Judge. In this consolidated case, Joshua Cabe Holman appeals the district court's summary dismissal of his applications for post-conviction relief, claiming that, in each case, his trial counsel was ineffective for failing to file a motion to suppress. In the first case Holman pled guilty to possession of a controlled substance, Idaho Code 37-2732(c)(1), and in the second case he pled guilty to possession of a...
GUTIERREZ, Judge. Todd Allan Butters appeals from the district court's grant of summary judgment in favor of the defendants-respondents ("defendants") on the basis that he did not exhaust his administrative remedies. We affirm. I. FACTS AND PROCEDURE Butters is incarcerated at the Idaho Correctional Center (ICC) under the jurisdiction of the Idaho Department of Correction (IDOC). He claims during his incarceration, on October 5, 2007, he was assaulted by other inmates due to his status as a...
