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State v. Diaz

Court of Appeals of Idaho

May 15, 2015

STATE OF IDAHO, Plaintiff-Respondent,
v.
DOMINGO JESUS DIAZ aka MARTINES; MARTINEZ-DIAZ, Defendant-Appellant

Page 1221

[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

Page 1223

2015 Opinion No. 24S

SUBSTITUTE OPINION. THE COURT'S PRIOR OPINION DATED MAY 6, 2015 IS HEREBY WITHDRAWN.

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge.

Judgment of conviction and sentences of a unified term of twenty years, with a minimum period of confinement of ten years, for battery with intent to commit rape and a consecutive indeterminate term of fifteen years for assault with intent to commit rape, affirmed.

Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent.

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

OPINION

Page 1224

 MELANSON, Chief Judge

Domingo Jesus Diaz appeals from his judgment of conviction for assault with intent to commit rape and battery with intent to commit rape. He contends that the district court erred in denying his motion to sever the two counts and allowing the state to introduce I.R.E. 404(b) character evidence. He also contends that his sentences are excessive. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

On May 21, 2013, an individual, later identified as Diaz, was waiting outside of a bar. An intoxicated woman exited the bar around midnight and Diaz asked her for a cigarette. He then began following her as she walked to a friend's home a short distance away. She eventually noticed that Diaz was following her and asked what he was doing. Diaz did not respond and continued to follow her. She again asked him what he was doing, and he again did not respond. Instead, he reached around her and poked at her genitals twice. The victim protested and tried to run away. Diaz chased the victim, tackled her to the ground, straddled her, and pinned down her arms. Diaz began ...


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