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State v. Gonzales

COURT OF APPEALS OF THE STATE OF IDAHO
Feb 3, 2017
Docket No. 44331 (Idaho Ct. App. Feb. 3, 2017)

Opinion

Docket No. 44331 2017 Unpublished Opinion No. 349

02-03-2017

STATE OF IDAHO, Plaintiff-Respondent, v. CHRISTOPHER GONZALES, Defendant-Appellant.

Eric D. Fredericksen, State Appellate Public Defender; Elizabeth Ann Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.


Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. G. Richard Bevan, District Judge. Appeal dismissed. Eric D. Fredericksen, State Appellate Public Defender; Elizabeth Ann Allred, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GRATTON, Chief Judge; MELANSON, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Christopher Gonzales pled guilty to felony intimidation of a witness. Idaho Code § 18-2604(3). The parties entered into a binding Idaho Criminal Rule 11 plea agreement. Pursuant to the plea agreement, Gonzales waived his right to appeal any issues including all matters involving the plea or his sentence. The district court sentenced Gonzales to a determinate term of five years. Gonzales appeals asserting that the district court abused its discretion by imposing an excessive sentence.

We hold that Gonzales' appellate challenge to the sentence was 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). Gonzales' plea agreement contained a clause by which Gonzales waived his right to appeal. Accordingly, we dismiss Gonzales' appeal.


Summaries of

State v. Gonzales

COURT OF APPEALS OF THE STATE OF IDAHO
Feb 3, 2017
Docket No. 44331 (Idaho Ct. App. Feb. 3, 2017)
Case details for

State v. Gonzales

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. CHRISTOPHER GONZALES…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Feb 3, 2017

Citations

Docket No. 44331 (Idaho Ct. App. Feb. 3, 2017)