Elawyers Elawyers
Washington| Change

STATE v. CALVO-JIMENEZ, 40591 (2013)

Court: Court of Appeals of Idaho Number: inidco20131119202 Visitors: 4
Filed: Nov. 19, 2013
Latest Update: Nov. 19, 2013
Summary: THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY PER CURIAM.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 rig
More

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 right to appeal any issue in his case provided that the district court did not exceed the state's sentencing recommendation. The district court sentenced Calvo-Jimenez to a unified term of ten years, with a minimum period of confinement of five years. The district court suspended the sentence and placed Calvo-Jimenez on probation. Thereafter, Calvo-Jimenez violated the terms of his probation. The district court revoked Calvo-Jimenez's probation and ordered execution of his sentence. Calvo-Jimenez appeals, arguing that the district court should have sua sponte reduced the sentence upon revocation of probation.

We hold that Calvo-Jimenez's appellate challenge to the excessiveness of his sentence has been waived by his plea agreement. See I.C.R. 11(f)(1); State v. Rodriguez, 142 Idaho 786, 787, 133 P.3d 1251, 1252 (Ct. App. 2006). Calvo-Jimenez's plea agreement contained a clause by which Calvo-Jimenez waived his right to appeal his sentence. Accordingly, we dismiss Calvo-Jimenez's appeal.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer