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State v. L'Abbe

Court of Appeals of Idaho

May 7, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
STEPHEN D. L'ABBE, Defendant-Appellant

2014 Opinion No. 38

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Michael R. McLaughlin, District Judge; Theresa Gardunia, Magistrate.

Order, on intermediate appeal, affirming judgment of conviction for speeding, affirmed.

Stephen D. L'Abbe, Boise, Pro se appellant.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent.

GUTIERREZ, Chief Judge. Judge LANSING and Judge MELANSON CONCUR.

OPINION

Page 1017

[156 Idaho 318] GUTIERREZ, Chief Judge

Stephen D. L'Abbe appeals from the district court's intermediate appellate decision affirming L'Abbe's judgment of conviction for speeding, a violation of Idaho Code § 49-654(2), entered by the magistrate court. Generally, L'Abbe makes two arguments: (1) the magistrate court was without subject matter jurisdiction or personal jurisdiction to try him; and (2) the magistrate erred by ruling that L'Abbe was not entitled to a Seventh Amendment jury trial on his speeding citation. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

L'Abbe was cited by a Boise police officer for speeding. L'Abbe pled not guilty to the citation and a court trial was set. Prior to the court trial, L'Abbe filed several motions generally challenging the State of Idaho's authority and jurisdiction over him. At trial, L'Abbe made a record of his arguments challenging the State's authority and jurisdiction. All of his motions were denied.[1] The magistrate found that L'Abbe violated Idaho Code § 49-654(2) by driving 38 mph in a 25 mph zone and entered a judgment of conviction. L'Abbe appealed to the district court, which affirmed the judgment of conviction entered by the magistrate court. L'Abbe now appeals to this Court.

II.

STANDARD OF REVIEW

When reviewing the decision of a district court sitting in its appellate capacity, our standard of review is the same as expressed by the Idaho Supreme Court:

The Supreme Court reviews the trial court (magistrate) record to determine whether there is substantial and competent evidence to support the magistrate's findings of fact and whether the magistrate's conclusions of law follow from those findings. If those findings are so supported and the conclusions follow therefrom and if the district court affirmed the magistrate's decision, we affirm the district court's decision as a matter of procedure.

Pelayo v. Pelayo, 154 Idaho 855, 858-59, 303 P.3d 214, 217-18 (2013) (quoting Bailey v. Bailey, 153 Idaho 526, 529, 284 P.3d 970, 973 (2012)). Thus, the appellate courts do not review the decision of the magistrate court. Bailey, 153 Idaho at 529, 284 P.3d at 973. Rather, we are procedurally bound to affirm or reverse the decisions of the district court. State v. Korn, 148 Idaho 413, 415 n.1, 224 P.3d 480, 482 n.1 (2009).

III.

HISTORY OF STATE COURTS' JURISDICTION

This Court understands L'Abbe's concerns to be centered on the legality of the judiciary, as well as the State's other government departments, enforcing the State's laws over L'Abbe and other Idaho citizens. L'Abbe believes the State of ...


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