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State v. Saucedo

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 30, 2015
Docket No. 42545 (Idaho Ct. App. Oct. 30, 2015)

Opinion

Docket No. 42545 2015 Unpublished Opinion No. 685

10-30-2015

STATE OF IDAHO, Plaintiff-Respondent, v. LUIS ANGEL SAUCEDO, Defendant-Appellant.

Sara B. Thomas, State Appellate Public Defender; Eric D. Fredericksen, 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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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 Fourth Judicial District, State of Idaho, Ada County. Hon. Michael E. Wetherell, District Judge. Appeal from judgment of conviction, dismissed. Sara B. Thomas, State Appellate Public Defender; Eric D. Fredericksen, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. Before GUTIERREZ, Judge; GRATTON, Judge; and HUSKEY, Judge

____________________

PER CURIAM

Luis Angel Saucedo pleaded guilty to injury to child, felony, Idaho Code § 18-1501(1). The parties entered into a binding I.C.R. 11 plea agreement. Pursuant to the plea agreement, Saucedo waived his right to appeal his sentence. The district court imposed a unified ten-year sentence, with four years determinate. Saucedo appeals, contending that his sentence is excessive.

We hold that Saucedo'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). Saucedo's plea agreement contained a clause which required Saucedo to waive his right to appeal his sentence. Accordingly, we dismiss Saucedo's appeal.


Summaries of

State v. Saucedo

COURT OF APPEALS OF THE STATE OF IDAHO
Oct 30, 2015
Docket No. 42545 (Idaho Ct. App. Oct. 30, 2015)
Case details for

State v. Saucedo

Case Details

Full title:STATE OF IDAHO, Plaintiff-Respondent, v. LUIS ANGEL SAUCEDO…

Court:COURT OF APPEALS OF THE STATE OF IDAHO

Date published: Oct 30, 2015

Citations

Docket No. 42545 (Idaho Ct. App. Oct. 30, 2015)