THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Michael H. Foreman was convicted of attempted strangulation, Idaho Code 18-923. The district court imposed a unified sentence of seven years with three years determinate, suspended the sentence and retained jurisdiction. The district court later relinquished jurisdiction. Foreman filed an Idaho Criminal Rule 35 motion, which the district court denied. Foreman appeals from the denial of his Rule 35 motion. A Rule...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Justin Robert Wicklund pleaded guilty to aggravated battery, Idaho Code 18-903(a), 18-907(a) (reduced from a charge of rape); and aggravated assault, I.C. 18-901, 18-905; and another charge was dismissed. The district court sentenced Wicklund to a unified term of twelve years, with two years determinate, for aggravated battery; and a unified term of five years, with two years determinate, for aggravated...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Chief Judge. Luis Alvarez-Martinez appeals from the district court's order revoking his probation and the Idaho Supreme Court's order denying his motion to augment the record. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Alvarez-Martinez pled guilty to possession of methamphetamine, Idaho Code 37-2732(c)(1). The district court sentenced Alvarez-Martinez to a unified term of four years with two years...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Gabriel Flores was convicted of aggravated battery, Idaho Code 18-903(b), 18-907(a), and attempted strangulation, I.C. 18-923. The district court sentenced Flores to concurrent unified sentences of fifteen years, with minimum periods of confinement of seven and one-half years. Flores appeals, contending that his sentences are excessive. Sentencing is a matter for the trial court's discretion. Both our...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Judge. Sally A. Smelser appeals from the judgment of conviction entered by the magistrate upon a jury verdict finding her guilty of misdemeanor driving under the influence. Specifically, she contends the district court, acting in its appellate capacity, erred in declining to review the magistrate's denial of her motion to dismiss, finding the evidence was sufficient to support her conviction, and denying her request...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY LANSING, Judge. David Long appeals from the judgment entered upon his conditional guilty plea to manufacturing marijuana. Long contends the district court erred in denying his motion to suppress evidence obtained pursuant to a search warrant. I. BACKGROUND On July 6, 2010, the State requested issuance of a warrant to search David Long's residence. The magistrate conducted a hearing at which a detective with the Idaho State...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GUTIERREZ, Judge. Terry Lee Kerr appeals the district court's order granting dismissal of two claims in his complaint and orders granting summary judgment as to the other claims in his complaint. Kerr also appeals the district court's denial of his numerous motions for sanctions and/or cease and desist orders, denial of his motion for a change of venue, and granting of the motion to extend mediation. For the reasons set forth...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM Charles Allen Vaughn, aka Chuck Vaughn; Charles Allen Vaughn, Jr.; Charles Vaugh pled guilty to domestic violence in the presence of children. I.C. 18-903, 18-918(2), 18-918(4). In exchange for his guilty pleas, additional charges were dismissed. The district court sentenced Vaughn to a unified term of twenty years, with a minimum period of confinement of five years. Vaughn appeals. Sentencing is a matter for...
GRATTON, Chief Judge. THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY Nora A. Barkey appeals from the district court's order summarily dismissing her application for post-conviction relief. I. FACTUAL AND PROCEDURAL BACKGROUND The State charged Barkey with escape, a violation of Idaho Code 18-2505, after she absconded from a job site at the East Boise Community Work Center. Barkey was ultimately apprehended at a friend's residence, but only after a SWAT team was forced...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY WALTERS, Judge Pro Tem. This is an appeal from a summary judgment granted by the district court to the creditor, GMAC, in an action to obtain possession of a vehicle following default of the purchase price by the purchaser, Cindy Lee Bach. We affirm. I. STANDARD OF REVIEW When reviewing a motion for summary judgment, this Court uses the same standard employed by the trial court when deciding such a motion. Stoddart v....
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Chief Judge. Arthur Lee Elston appeals from the summary dismissal of his application for post-conviction relief. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Elston pled guilty to separate charges of burglary and felony domestic violence. The sentences were suspended and Elston was placed on probation. After admitting to probation violations, the district court revoked Elston's probation and ordered execution of...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON, Judge. Terrance Matthews appeals from the district court's order granting summary judgment in favor of the City of Boise and the Boise Police Department regarding his complaint for false arrest and false imprisonment. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE Matthews was convicted of a crime and was eventually released on parole. Because of the nature of his crime, Matthews was required...
LANSING, Judge. Richard and Sylvia Naranjo (the Naranjos) appeal from the dismissal of their tort action against the Idaho Department of Correction (IDOC). They argue the district court erred when it granted a motion to dismiss for failure to timely serve the complaint. I. BACKGROUND On December 10, 2008, the Naranjos filed a complaint against IDOC in which Richard Naranjo alleged that he sustained personal injuries from slipping on a wet floor that was negligently maintained by IDOC. On...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY GRATTON, Chief Judge. The State appeals from the district court's order granting Mark Andrew Mills' motion to suppress evidence obtained through the execution of a search warrant. We reverse. I. FACTUAL AND PROCEDURAL BACKGROUND On December 16, 2009, based upon information provided by an informant, officers obtained a search warrant from a magistrate to search Mills' home. On that same day, officers searched Mills' home and...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY MELANSON, Judge. Darryl Maurice Weakley appeals from the district court's order denying his application for post-conviction relief. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE Weakley was charged with three felonies—attempted strangulation, aggravated assault, and domestic violence. After a jury trial, Weakley was acquitted of attempted strangulation and aggravated assault, but was found guilty of...
GUTIERREZ, Judge. Kimberly D. Jones appeals from her judgment of conviction entered upon a conditional guilty plea to two counts of possession of a controlled substance. Specifically, under her reserved rights in the conditional plea, Jones challenges the district court's denial of her motion to suppress evidence. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE The central issue in this case arises from the fact that Jones was initially stopped and arrested for reckless...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM Lindsay Cole Petersen pled guilty to domestic violence. Idaho Code 18-903, 18-918(2)(a). The district court imposed a unified sentence of eight years with two years determinate, and retained jurisdiction. Following the period of retained jurisdiction, the district court relinquished jurisdiction. Petersen timely filed an appeal from the district court's order relinquishing jurisdiction as well as an Idaho...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM Richard Lee Chada pled guilty to possession of a controlled substance, I.C. 37-2732(c)(1), and the district court imposed a unified five-year sentence, with a three-year determinate term. The court suspended the sentence and placed Chada on probation. This probation was subsequently revoked and the suspended sentence ordered into execution. Chada filed an I.C.R. 35 motion for reduction of his sentence, which the...
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM Larry Jean Tannahill pled guilty to second degree kidnapping, I.C. 18-4501 and 18-4503, and felony domestic violence, I.C. 18-903 and 18-918(2)(a). The district court sentenced Tannahill to a unified term of twenty-five years, with a minimum period of confinement of fourteen years, for second degree kidnapping and a concurrent determinate term of ten years for felony domestic violence. Tannahill appeals....
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM. Alan Olson was found guilty by a jury of two felonies and four misdemeanors. Subsequently, the trial court granted Olson's I.C.R. 29 motion as to one of the misdemeanors. Olson was then sentenced on the remaining charges as follows: Count I (Fleeing or Attempting to Elude, a felony): Five years, with six months' fixed. Count II (Battery on a Law Enforcement Officer, a felony): Five years, with six months' fixed....
