Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of Idaho v. Robert John Gurney

February 22, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
ROBERT JOHN GURNEY,
DEFENDANT-APPELLANT.



Appeal from the District Court of the Second Judicial District of the State of Idaho, Latah County. Hon. John R. Stegner, District Judge.

The opinion of the court was delivered by: Horton, Justice.

2012 Opinion No. 30

Stephen Kenyon, Clerk

SUBSTITUTE OPINION. THE COURT'S PRIOR OPINION DATED JANUARY 26, 2012 IS HEREBY WITHDRAWN

The district court orders denying the motion to seal records and amend the caption of the case are affirmed.

ON THE BRIEFS

Robert John Gurney (Gurney) pled guilty to possession of marijuana with intent to deliver. He then successfully completed drug court. Upon completion, he requested and received a dismissal of the charge. He also requested that the record of his criminal case be sealed, pursuant to I.C.A.R 32(i), on the basis of economic hardship. The district court denied this second request. It subsequently denied Gurney's request to change the caption of this case on appeal to an abbreviated version of his name which would conceal his identity. Gurney appeals both decisions. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Gurney pled guilty to possession of marijuana with intent to deliver, a felony violation of Idaho Code § 37-2732(a)(1)(B). On the same day, he entered drug court. According to program 1 staff, Gurney's efforts were "very inspiring," he "did an excellent job from the very beginning," and he "went over and above" the requirements of the program. While in drug court, Gurney was a full-time student at the University of Idaho and was employed in two jobs. Gurney eventually graduated with a degree in business management.

Given his exemplary performance in drug court, Gurney moved to set aside his guilty plea and dismiss the case, pursuant to I.C. § 19-2604(1), and to seal the records of the case, pursuant to I.C.A.R. 32. The State did not object to the dismissal. The district court granted the dismissal. In support of his request to seal the records of his case, Gurney filed an affidavit in which he indicated that he would have received a "plumb [sic] internship" but for the results of a background check which revealed his felony charge. The State opposed any expungement or sealing of the record, and the district court denied Gurney's motion to seal the record. Gurney then filed a supplemental affidavit in support of his motion. This second affidavit reflected that he had applied for housing, his "felony record popped up," and he had "been asked to explain [his] felony." The district court treated the affidavit as a motion to reconsider and then denied the motion. Gurney next filed a motion to amend the caption of this case on appeal, asking that he be identified as "Rob G" in the pleadings. The district court denied the motion.

Gurney timely appealed the order denying his motion to seal his records pursuant to

I.C.A.R. 32 and the order denying his motion to amend the case caption.

II. STANDARD OF REVIEW

Decisions of the district court to grant or deny relief under Idaho Court Administrative Rule (I.C.A.R.) 32 are reviewed for abuse of discretion. State v. Turpen, 147 Idaho 869, 872, 216 P.3d 627, 630 (2009). The decision of the district court will be upheld if the court "(1) correctly perceived the issue as one of discretion; (2) acted within the outer boundaries of its discretion and consistently with the legal standards applicable to the specific choices available to it; and (3) reached its decision by an exercise of reason." Sun Valley Potato Growers, Inc. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.