2013 Unpublished Opinion No. 739
Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Bradly S Ford, District Judge.
Judgment of conviction for trafficking methamphetamine and delivery of a controlled substance, affirmed.
Nevin, Benjamin, McKay & Bartlett, LLP; Robyn Fyffe, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for respondent.
Jorge Ferreira Tinoco appeals from his conviction for trafficking methamphetamine, Idaho Code § 37-2732B(a)(4), and delivery of a controlled substance, I.C. § 37-2732(a)(1)(A).
FACTUAL AND PROCEDURAL BACKGROUND
In February 2011, an undercover officer contacted Tinoco asking to purchase methamphetamine. Tinoco called the undercover officer in March, indicating three pounds had become available. Tinoco, along with this brother, had transported the methamphetamine from California to Idaho. The undercover officer met with Tinoco for a controlled buy at a local truck stop. Tinoco provided a sample of the methamphetamine and had the undercover officer follow him to his nephew's apartment where the drug transaction was to occur. Officers set up surveillance at the apartment and obtained a search warrant. The officers found approximately three pounds of methamphetamine in a storage shed at the apartment. Tinoco and his brother were arrested on March 20, 2011.
Tinoco was arraigned on April 15, 2011, at which time he asserted his right to a speedy trial. In July 2011, the court granted the State's motion to consolidate the brothers' trials. On September 20, 2011, before the jury was seated, defense counsel alleged that the State had improperly used its peremptory challenges to eliminate all Hispanics from the jury. The court informed counsel the Batson challenge would be addressed, but that jury selection would be handled first. After the jury was seated, the defense again raised the Batson issue. The State responded that the Batson issue was waived because the jury was already seated. The court agreed, and without determining if the State violated Batson, the court denied the motion. However, the court later granted a mistrial in the interests of justice since the Batson issue was not timely taken up. The court reset the trial for November 1, 2011. On October 24, 2011, Tinoco moved to dismiss alleging his right to a speedy trial was violated, which the court denied. After a three-day jury trial, Tinoco was convicted for trafficking and delivering methamphetamine.