Opinion No. 76
from the District Court of the Fourth Judicial District,
State of Idaho, Ada County. Hon. Steven J. Hippler, District
of conviction and sentence for grand theft by extortion,
D. Fredericksen, Interim State Appellate Public Defender;
Jason C. Pintler, Deputy Appellate Public Defender, Boise,
Lawrence G. Wasden, Attorney General; Kale D. Gans, Deputy
Attorney General, Boise, for respondent.
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.
FACTUAL AND PROCEDURAL BACKGROUND
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.
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."
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.
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.
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