Appeal from the District Court of the First Judicial District, State of Idaho, Bonner County. Hon. Steven C. Verby, District Judge.
The opinion of the court was delivered by: Gratton, Judge
2013 Unpublished Opinion No. 420
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT
BE CITED AS AUTHORITY
Order denying motion to disqualify district judge, affirmed.
James H. Crumble appeals from the district court's order denying his motion to disqualify the district judge who presided over his criminal case.
In these consolidated appeals, the State brought two criminal cases against Crumble in July 2005. In Docket No. 33627, Crumble was charged with rape, Idaho Code § 18-6101, for acts he committed against a twelve-year-old girl. In Docket No. 33625, Crumble was charged with burglary, I.C. § 18-1401, for entering a person's garage and committing theft. Pursuant to Idaho Criminal Rule 11, Crumble pled guilty to burglary and an amended charge of assault with the intent to commit a serious felony, I.C. §§ 18-901, 18-909. Prior to accepting the pleas, the district court informed the parties that it would defer its decision to accept or reject the agreement until it had the opportunity to review the presentence investigation report ("PSI").
At the sentencing hearing, the district court rejected the plea agreement based on its review of the PSI and the psychosexual evaluation. Crumble withdrew his guilty pleas. Several months later, Crumble pled guilty to burglary and an amended charge of lewd and lascivious conduct, I.C. § 18-1508. The district court imposed a unified term of life with twenty years determinate for the lewd and lascivious conduct charge and a concurrent unified term of ten years with five years determinate for the burglary charge. The district court entered the judgment and commitment on October 13, 2006. Crumble appealed, asserting that his sentences were excessive. This Court affirmed the district court's sentences in State v. Crumble, Docket Nos. 33625/33627 (Ct. App. Oct. 28, 2008) (unpublished), and issued a remittitur on January 9, 2009.
On December 31, 2009, Crumble filed motions with the district court to disqualify the district judge who presided over his sentencing, to withdraw his guilty plea, and to have counsel appointed for him. The district court denied his motion to disqualify the judge and granted his motion to have counsel appointed for him. Thereafter, appointed counsel filed another motion to disqualify the judge and an amended motion to withdraw Crumble's guilty plea. The district court denied the motion to disqualify the judge and Crumble filed a motion for permission to appeal pursuant to Idaho Appellate Rule 12(b). The district court granted permission to appeal; however, Crumble's counsel failed to file a motion with the Idaho Supreme Court requesting acceptance of the appeal by permission, pursuant to I.A.R. 12(c), and that Court dismissed the appeal. The district court reentered the order granting permission to appeal and Crumble filed a motion with the Idaho Supreme Court requesting acceptance of the appeal, pursuant to I.A.R. 12(c). The Idaho Supreme Court denied the motion for permission to appeal.
On August 8, 2011, the district court reentered Crumble's judgment and commitment pursuant to the court granting post-conviction relief. The reentered judgment and commitment provided Crumble the right to appeal the judgment and to "assert and pursue all issues arising from the trial proceedings, including sentencing proceedings, and as may be further encompassed by the existing Motions under I.C.R. 33." Crumble timely appeals from the reentered judgment and conviction.