CECIL G. DANIELS, Petitioner-Appellant,
STATE OF IDAHO, Respondent
2014 Opinion No. 22
Appeal fro the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Carl B. Kerrick, District Judge.
Judgment denying petition for post-conviction relief, affirmed.
Nevin, Benjamin, McKay & Bartlett; Deborah Whipple, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Daphne J. Huang, Deputy Attorney General, Boise, for respondent.
GRATTON, Judge. Chief Judge GUTIERREZ and Judge MELANSON CONCUR.
[156 Idaho 328] GRATTON, Judge
Cecil G. Daniels appeals from the district court's judgment denying his petition for post-conviction relief following an evidentiary hearing. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
A police officer stopped Daniels' vehicle after witnessing the vehicle twice swerve over the left line. The officer smelled the odor of alcohol emitting from the vehicle, observed that Daniels' eyes were glassy and bloodshot, and observed that his speech was slurred. The officer performed a Horizontal Gaze Nystagmus test, which Daniels failed. Daniels refused to perform any other field sobriety tests and the officer placed him under arrest. Thereafter, the passenger of the vehicle informed the officer that Daniels hid marijuana under the driver's seat. The officer searched the vehicle and discovered a film canister containing marijuana and a beer can.
Daniels was charged with felony DUI, Idaho Code § § 18-8004, 18-8005, possession of a controlled substance, I.C. § 37-2732(c)(3), driving without privileges, I.C. § 18-8001, providing false information to law enforcement officers, I.C. § 18-5413, and possession of an open container of alcohol in a public place, Coeur D'alene Code § 5.08.160A. Daniels filed a motion to suppress all seized evidence. The district court denied the motion. Daniels filed a motion to reconsider the denial of his suppression motion, which the district court also denied.
Daniels was convicted upon a jury verdict of DUI, driving without privileges, providing false information to law enforcement, and possession of an open container of alcohol in a public place. He was acquitted of possession of a controlled substance. The district court imposed a unified term of ten years with three years determinate for the DUI conviction, and terms of one hundred and eighty days in jail for ...