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State of Idaho v. Henry Sanchez

December 6, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
HENRY SANCHEZ, JR.,
DEFENDANT-APPELLANT.



Appeal from the District Court of the Fifth Judicial District, State of Idaho, Jerome County. Hon. John K. Butler, District Judge.

The opinion of the court was delivered by: Walters, Judge Pro Tem

2012 Unpublished Opinion No. 757

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of seven years, with two years determinate, for possession of a controlled substance, affirmed.

Henry Sanchez, Jr. appeals from his judgment of conviction and sentence entered upon his conditional guilty plea to felony possession of a controlled substance (methamphetamine). For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

The district court summarized the relevant facts in its order denying Sanchez's motion to suppress:

Officer Rushing testified that he was on patrol at 9:22 p.m. and saw what he thought was two juveniles "messing with" a car. The officer approached and realized it was the [fifty-nine-year-old] defendant and not a juvenile. As he approached the two men and the car, the two men fled the scene on bicycle, but one person in the car remained. The man in the car, Mr. Dick, told Officer Rushing that the two men were harassing him. Another officer stopped one of the two men on the bicycles (the defendant) and the defendant rode his bicycle back to Officer Rushing. Officer Rushing became suspicious because the defendant told him he was just telling Mr. Dick that the lights on his car were not working, which did not match . . . Mr. Dick's story. The lights appeared to be working properly. Based on the circumstances, including the two men fleeing immediately when the police arrived, Officer Rushing told the defendant he believed there was drug related activity going on. The defendant said he did not have any drugs on him, but he had a pocket knife.

Officer Baker, who was also at the scene, contacted the defendant's probation officer, Marisol Vargas. Officer Vargas requested the defendant be tested for alcohol. Officer Rushing informed the defendant he was going to place him in handcuffs and transport him to jail for an intox. After he was placed in handcuffs, he was searched. . . When the defendant was searched, Officer

Rushing found marijuana in his jacket pocket. The defendant said it was not his marijuana. Officer Rushing also found methamphetamine on the defendant.

(Citations omitted).

Sanchez was charged with possession of a controlled substance with the intent to deliver (methamphetamine) and possession of a controlled substance with the intent to deliver (marijuana). He filed a motion to suppress, claiming his initial detention and the subsequent search were illegal. Following a hearing, the district court denied the motion. Sanchez pled guilty to a reduced charge of possession of a controlled substance (methamphetamine), Idaho Code ยง 37-2732(c)(1), preserving his right to appeal the denial of his suppression motion. The remaining charge was dismissed. The district court imposed a unified sentence of seven years, with two years determinate. Sanchez filed a pro se Idaho Criminal Rule 35 motion for reduction of sentence and an accompanying motion for appointment of counsel. The district court declined to appoint new counsel, indicating representation by Sanchez's trial counsel had not ...


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