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State v. Oar

Court of Appeals of Idaho

November 21, 2016

STATE OF IDAHO, Plaintiff-Respondent,
v.
PATRICK SEGUNDO OAR, Defendant-Appellant.

         2016 Opinion No. 76

         Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Steven J. Hippler, District Judge.

         Judgment of conviction and sentence for grand theft by extortion, affirmed.

          Eric D. Fredericksen, Interim State Appellate Public Defender; Jason C. Pintler, Deputy Appellate Public Defender, Boise, for appellant.

          Hon. Lawrence G. Wasden, Attorney General; Kale D. Gans, Deputy Attorney General, Boise, for respondent.

          GUTIERREZ, Judge

         Patrick Segundo Oar appeals from his judgment of conviction for grand theft by extortion following a jury trial. Specifically, Oar argues there was insufficient evidence to support his conviction and the district court imposed an excessive sentence. We affirm.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         Oar was being housed in the Ada County Jail for a parole violation when he met fellow inmate, "Omar." Omar was a drug trafficker who had been distributing drugs from Mexico to California and Idaho prior to his arrest. Omar had been arrested for methamphetamine trafficking after one of his associates, M.D., assisted police as a confidential informant and testified against Omar.

         At the time Oar met Omar, M.D. owed Omar several thousand dollars for drugs Omar had previously given to M.D. Upon learning of this debt, Oar agreed to help Omar collect the money from M.D. with the help of a woman named Blake that Oar knew from a previous job. As part of the plan, Oar gave Blake a letter written by Omar that Blake was instructed to deliver to M.D. The letter stated that it was from Omar, contained details about Omar that M.D. knew, and instructed M.D. to pay the debt. The letter also stated, "my freands [sic] in California are really mad so I don't want you guys get [sic] in troble [sic] let's fixe [sic] this before becomes [sic] a big problem."

         Blake visited M.D.'s place of work late at night. Blake stated that she was there on behalf of Omar and delivered the threatening letter to M.D. In response, M.D. told Blake that M.D. would pay the full amount but that she needed a few days to get the money together. The next morning, M.D. contacted the detective with whom M.D. had worked as a confidential informant in the case against Omar. The detective provided M.D. with marked currency and directed her to deliver the money to Blake while recording the conversation. In a transaction monitored by police officers, M.D. gave the money to Blake, who was then arrested.

         Oar was indicted on one count of conspiracy to commit grand theft by extortion, naming Blake as co-conspirator, Idaho Code §§ 18-1701, 18-2403(2)(e), 18-2407(1)(a)(1). Oar was also indicted on one count of grand theft by extortion, I.C. §§ 18-2403(2)(e), 18-2407(1)(a)(1), 18-204. The State later filed an information against Oar charging a persistent violator enhancement, I.C. § 19-2514. Following a joint trial with Blake, Oar was found guilty on both counts and admitted to the enhancement.

         The district court imposed seventeen-year unified sentences with five years determinate on both counts. These sentences were set to run concurrently to one another but consecutive to Oar's existing sentence for his parole violation. Oar timely appeals.

         II. ...


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