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State v. Taylor

Court of Appeals of Idaho

August 22, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
ANDREW TROY TAYLOR, Defendant-Appellant

Editorial Note:

This decision is not final until exception of the 21 day petition for rehearing period. Pursuant to rule 118 of the Idaho Appellate Rules

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. G. Richard Bevan, District Judge.

Appeal from order denying Idaho Criminal Rule 35 motion, dismissed.

Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.

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

OPINION

Page 303

LANSING, Judge.

Andrew Troy Taylor appeals from the denial of his Idaho Criminal Rule 35 motion for reduction of sentence. We dismiss this appeal for the reason that Taylor waived the right to file this appeal as part of his plea agreement.

I.

BACKGROUND

In 2011, pursuant to a plea agreement, Taylor pleaded guilty to possession of methamphetamine, Idaho Code § 37-2732(c)(1). The agreement provided that Taylor waived his right to file a Rule 35 motion for reduction of sentence and his right to appeal.

The district imposed an underlying sentence of seven years, with two years determinate, and retained jurisdiction. Following the period of retained jurisdiction, the district court placed Taylor on probation. Thereafter, Taylor was found in violation of probation. The district court again retained jurisdiction. Following the ...


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