Opinion No. 15
from the District Court of the Fourth Judicial District,
State of Idaho, Ada County. Hon. Lynn G. Norton, District
denying motion to suppress, affirmed; judgments of conviction
and concurrent sentences, affirmed.
D. Fredericksen, State Appellate Public Defender; Andrea W.
Reynolds, Deputy Appellate Public Defender, Boise, for
Lawrence G. Wasden, Attorney General; Russell J. Spencer,
Deputy Attorney General, Boise, for respondent.
GRATTON, Chief Judge.
Robert Bonilla appeals from his judgments of conviction and
concurrent sentences for possession of methamphetamine with
intent to deliver and unlawful possession of a firearm,
entered upon his conditional guilty plea. Bonilla asserts the
district court erred in denying his suppression motion and
abused its sentencing discretion.
FACTUAL AND PROCEDURAL BACKGROUND
contact officer in an unmarked car was surveilling a problem
house in the area based on a tip that there may be a male
outside in a vehicle containing a mobile methamphetamine lab.
During the officer's surveillance of the area, he was
able to see a shotgun in the back of a brown Chevy Blazer
when the lift gate was opened. The officer contacted a nearby
canine officer, Officer Reimers, and then followed the
vehicle as it left the location. Thereafter, both officers
observed the vehicle speeding and failing to properly signal.
Officer Reimers stopped the vehicle and requested backup as
he approached the vehicle. When asked by the officer to step
out of his vehicle, Bonilla briefly refused although he
ultimately complied. Officer Reimers testified at a
preliminary hearing that he was concerned about officer
safety at this point because Bonilla had initially refused to
exit the vehicle, he was talking on his cell phone when the
officer approached the vehicle, and another car driven by
someone known to Bonilla spontaneously stopped in front of
the signaled traffic stop.
Bonilla exited the vehicle, Officer Reimers saw a six-inch
Maglight on the driver's side floorboard, which the
officer testified he knew from his training and experience
could be used as a club or weapon. The officer obtained
consent to search Bonilla for weapons and lifted
Bonilla's shirt to look at his waistband. When doing
this, the officer observed a plastic baggie containing
marijuana sticking out of Bonilla's pocket. The officer
then placed Bonilla under arrest and deployed a drug dog. A
search of Bonilla's vehicle led to the discovery of
methamphetamine, hydrocodone, Temazepam, Quetiapine, a
digital scale, and a shotgun.
was charged with unlawful possession of a firearm, possession
of paraphernalia, possession of methamphetamine with the
intent to deliver, possession of hydrocodone, marijuana,
Temazepam, and Quetiapine without a prescription. He filed a
motion to suppress all evidence and statements that he made,
which was denied by the district court. Thereafter, Bonilla
entered a conditional guilty plea to possession of
methamphetamine with intent to deliver and unlawful
possession of a firearm, and the State dismissed the
was sentenced to a unified term of ten years with two years
determinate on the possession with intent to deliver charge,
and five years with two years determinate on the unlawful
possession of a firearm charge, to be served concurrently. On
appeal, Bonilla asserts the district court erred by denying
his motion to suppress and abused its sentencing discretion.