Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Kathryn A. Sticklen, District Judge. Hon. Daniel L. Steckel, Magistrate.
The opinion of the court was delivered by: Gratton, Judge
2013 Unpublished Opinion No. 448
THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY
Order affirming conviction for driving without privileges, affirmed.
Ryan Donald Small appeals from the district court's order, on intermediate appeal, affirming his conviction for driving without privileges, Idaho Code § 18-8001. We affirm.
Small was initially charged with a single count of driving without privileges. Later the prosecutor filed first and second amended complaints, each amendment enhancing his initial driving without privileges charge as a result of prior convictions. Small moved to suppress all evidence resulting from his traffic stop, claiming the traffic stop was unconstitutional. At the suppression hearing the arresting police officer, under subpoena, failed to appear. The prosecutor was unable to account for the police officer's whereabouts and requested a continuance. Small moved to dismiss the case as a sanction for the officer's absence.
The magistrate orally granted Small's motion to dismiss and a notation also appears on the second amended complaint stating "5/7/10 Dismissed DLS."
Within hours of the hearing, and before a written order was filed, the magistrate determined that the dismissal was not appropriate because the prosecutor was not given reasonable notice, pursuant to Idaho Criminal Rule 48.*fn1 The magistrate sent the prosecutor and defense counsel the following email:
Upon leaving the bench today I realized that dismissal of this case was technically improper without proper notice under [I.C.R.] 48. With that in mind, the City is free to file a motion to reconsider the dismissal. If the City would like me to reconsider the denial of the continuance, it will have to show good cause for the officer's absence.
The prosecutor filed a motion to reconsider the dismissal, explaining that the police officer failed to appear because he was teaching a class at the police academy and had mistakenly thought he had been released from his subpoena. The magistrate granted the motion.
Subsequently, Small's motion to suppress was vacated and the case was set for a pretrial conference. Small failed to appear at the pretrial conference and the magistrate issued a bench warrant for his arrest. Small filed a motion to quash the bench warrant arguing that the magistrate lost jurisdiction after dismissing the case.
Therefore, Small argued that the magistrate had no jurisdiction to entertain the prosecution's motion to reconsider. ...