November 9, 2012
STATE OF IDAHO,
DAVID LEROY PAYTON,
Appeal from the District Court of the Second Judicial District, State of Idaho, Nez Perce County. Hon. Jeff M. Brudie, District Judge.
2012 Unpublished Opinion No. 709
Stephen W. Kenyon, Clerk
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
Appeal from judgment of conviction and determinate sentence of three years for aggravated assault and consecutive unified life term, with a minimum period of confinement of five years, for robbery, dismissed.
Before LANSING, Judge; GUTIERREZ, Judge; and MELANSON, Judge
David Leroy Payton pled guilty to aggravated assault (I.C. §§ 18-901(b), 18-905(a), and 18-906) and robbery (I.C. §§ 18-6501, 18-6502, and 18-6503). The parties entered into a binding I.C.R. 11 plea agreement. Pursuant to the agreement and in exchange for Payton's guilty plea, the state dismissed additional charges. Payton waived his right to appeal his sentences.
The district court sentenced Payton to a determinate sentence of three years for aggravated assault and consecutive unified life term, with a minimum period of confinement of five years, for robbery. Payton appeals.
We hold that Payton's appellate challenge to the excessiveness of his sentences 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). Payton's plea agreement contained a clause by which Payton waived his right to appeal his sentences. Accordingly, we dismiss Payton's appeal.
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