Billy R. Bartlett appeals from the district court's order dismissing his application for post-conviction relief after an evidentiary hearing. For the reasons set forth below, we affirm... I... FACTS AND PROCEDURE... After a jury trial, Bartlett was found guilty of sexual abuse of a child under the age of sixteen years, I.C. § 18-1506, as well as being a persistent violator, I.C. § 19-2514. The district court sentenced Bartlett to a unified term of life imprisonment, with a minimum...  

Michael Keith McNabb appeals from the judgment of conviction entered upon his convictions on two counts of aggravated battery and one count of aggravated assault. McNabb contends that the district court erred in admitting the preliminary hearing testimony of a witness/victim on the finding that the witness was unavailable for trial. He further contends that he has been denied a speedy appeal, that his sentences are excessive and that the district court erred in denying his Idaho Criminal Rule...  

This is an appeal from the district court's order affirming the designation of Evan Edward Morgan, Jr., as a violent sexual predator (VSP) by the Sexual Offender Classification Board (the board). For the reasons set forth below, we affirm... I... FACTS AND PROCEDURE... In 1998, Morgan pled guilty to lewd and lascivious conduct with a minor and possession of sexually exploitative material. The lewd and lascivious conduct related to Morgan's inappropriate touching of a five-year-old neighbor...  

Robert J. Carlson appeals from a judgment awarding damages in a personal injury action. Specifically, Carlson challenges the district court's orders denying his motions for a directed verdict; judgment notwithstanding the verdict (j.n.o.v.); an additur or, in the alternative, new trial; and an award of costs to Brandon Stanger. Carlson also argues he is entitled to attorney fees on this appeal. For the reasons set forth below, we affirm... I... FACTS AND PROCEDURE... On June 7, 2002, there was...  

William Edward Clark appeals from his judgment of conviction for leaving the scene of an injury accident, I.C. § 18-8007, and for injury to a child. I.C. § 18-1501(1). On appeal, Clark contends that the district court erred in imposing sentence without waiting two days or allowing Clark an opportunity to allocute, both of which are required by Idaho Criminal Rule 33(a)(1). He asserts that this error necessitates a new sentencing hearing. The state counters that failure to comply with...  

Eric J. Knapp pled guilty to statutory rape. I.C. § 18-6101(1). The district court sentenced Knapp to a unified term of nine and one-half years, with a minimum period of confinement of one and one-half years. Knapp filed an I.C.R 35 motion, which the district court granted by reducing Fox's sentence to a unified term of six and one-half years, with a minimum period of confinement of one and one-half years. Knapp appeals... A motion for reduction of sentence under I.C.R. 35 is essentially a...  

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY... Larry LaPine appeals from his judgment of conviction for felony driving under the influence (DUI). For the reasons set forth below, we affirm... I... FACTS AND PROCEDURE... LaPine was arrested when he refused to perform field sobriety tests after an officer pulled over his vehicle and observed numerous signs of intoxication. An Alco-Sensor III unit later indicated that his blood-alcohol content (BAC) was... 199/.210 percent....  

Michael Robert Osborn appeals from his judgment of conviction for robbery. For the reasons set forth below, we affirm... I... FACTS AND PROCEDURE... Osborn, accompanied by Bryson Lassiter, approached a man leaving a bank ATM and robbed him of $100 at gunpoint. Osborn was charged with robbery, I.C. §§ 18-6501 to -02; with an enhancement for use of a firearm during the commission of a crime, I.C. § 19-2520; and with unlawful possession of a firearm, I.C. § 18-3316. At trial,...  

Andrew Clark Wixson pled guilty to robbery. I.C. §§ 18-6501, 18-6502. In exchange for his guilty plea, additional charges were dismissed. The district court sentenced Wixson to a unified term of fifteen years, with a minimum period of confinement of two years. Wixson appeals. 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 of the sentence are well established and need not be repeated...  

These consolidated appeals by the parents of a juvenile offender challenge a magistrate court's order requiring that the parents submit to random drug tests as a condition of their daughter's juvenile probation. We conclude that the magistrate's order must be reversed because it violates the parents' Fourth Amendment rights to be free from unreasonable searches... I... BACKGROUND... Jane Doe I, a minor, was charged under the Juvenile Corrections Act ("JCA"), Idaho Code section 20-501,...  

Brian James Whitaker appeals from his judgment of conviction for possession of a controlled substance with the intent to deliver. Whitaker asserts that the district court erred in not ordering a psychological evaluation before imposing a sentence and that the district court abused its discretion when it sentenced Whitaker to a term of eight years with three years fixed. We affirm... I... BACKGROUND... Whitaker was arrested on October 6, 2006, in a motel room where he and two others were found...  

Donald Brink appeals from his judgment of conviction for first degree murder with an enhancement for using a deadly weapon as well as being a persistent violator. For the reasons set forth below, we affirm... I... FACTS AND PROCEDURE... Brink left his van, with personal property stored inside, at the home of an acquaintance. His van was broken into and some of his personal property was stolen. Soon thereafter, his van also disappeared. He inquired of the occupants of the home, and they...  

Dan M. Gisel appeals from his judgment of conviction and unified sentence of twenty years, with a minimum period of confinement of five years, for lewd conduct with a minor under sixteen. For the reasons set forth below, we affirm... I... FACTS AND PROCEDURE... Gisel was arrested for committing sexual acts with his granddaughter when she was between the ages of four and six and when she was between the ages of eight and twelve. The victim reported that Gisel abused her by committing...  

Alison Renee Serre was indicted by a grand jury for felony injury to a child, I.C. § 18-1501(1), and her boyfriend was charged with first degree murder for the death of Serre's two-year-old child. Serre pled guilty to the injury to a child charge and was sentenced to a unified term of ten years, with two and one-half years determinate. Serre appeals from her judgment of conviction and sentence, contending that the district court abused its discretion by imposing an excessive sentence......  

Ronald Hyrum Dye was convicted of felony injury to a child, Idaho Code § 18-1501. The district court imposed a unified eight-year sentence with a two-year determinate term and retained jurisdiction. At the conclusion of the retained jurisdiction program, the court relinquished jurisdiction and ordered execution of Dye's sentence. Dye appeals the court's decision to relinquish jurisdiction and contends that the court abused its discretion in failing to sua sponte reduce his sentence upon...  

Jose Francisco Orozco-Martinez pled guilty to rape. I.C. § 18-6101(1). The district court sentenced Orozco-Martinez to a unified term of six years, with a minimum period of confinement of one and one-half years. Orozco-Martinez filed an I.C.R 35 motion, which the district court denied. Orozco-Martinez appeals... A motion for reduction of sentence under I.C.R. 35 is essentially a plea for leniency, addressed to the sound discretion of the court. State v. Knighton, 143 Idaho 318, 319, 144...  

Russell C. Patterson pled guilty to felony eluding, I.C. § 49-1404(2, and possession of a controlled substance, I.C. § 37-2732(c(1. In exchange for his guilty pleas, additional charges were dismissed. The district court sentenced Patterson to a unified term of five years, with a minimum period of confinement of one and one-half years, for felony eluding and a concurrent unified term of six years, with a minimum period of confinement of one and one-half years, for possession of a...  

Jose Joaquin Rodriguez pled guilty to felony eluding. I.C. § 49-1404(1). The district court imposed a unified five-year sentence, with a one and one-half year determinate term, but suspended the sentence and placed Rodriguez on probation. Twice thereafter Rodriguez violated the terms of his probation, and both times the district court retained jurisdiction, suspended the sentence and placed Rodriguez on probation. Subsequently, Rodriguez admitted to violating to the terms of the probation...  

Anthony Garen Shaw appeals from his judgment of conviction and unified life sentence, with a minimum period of confinement of twenty-five years, for second degree murder, Idaho Code §§ 18-4001, -4002, -4003(g). He also appeals the denial of his Idaho Criminal Rule 35 motion for reduction of the sentence. We affirm... Where a sentence is within the statutory limits, it will not be disturbed on appeal absent an abuse of the sentencing court's discretion. State v. Hedger, 115 Idaho 598,...  

Donald Jason Taylor was convicted of possession of methamphetamine, Idaho Code § 37-2732(c). The district court imposed a unified seven-year sentence with a two-year determinate term and placed Taylor on probation for seven years. Subsequently, Taylor admitted to violating several terms of the probation, and the district court consequently revoked probation and ordered execution of the original sentence. Taylor filed an Idaho Criminal Rule 35 motion, which the district court denied. Taylor...