Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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

State of Idaho v. David Leroy Payton

IN THE COURT OF APPEALS OF THE STATE OF IDAHO


November 9, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
DAVID LEROY PAYTON,
DEFENDANT-APPELLANT.

Appeal from the District Court of the Second Judicial District, State of Idaho, Nez Perce County. Hon. Jeff M. Brudie, District Judge.

Per curiam.

2012 Unpublished Opinion No. 709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THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY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.

20121109

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

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