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State v. Bonilla

Court of Appeals of Idaho

February 17, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
ANTHONY ROBERT BONILLA, Defendant-Appellant.

         2017 Opinion No. 15

         Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Lynn G. Norton, District Judge.

         Order denying motion to suppress, affirmed; judgments of conviction and concurrent sentences, affirmed.

          Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, Deputy Appellate Public Defender, Boise, for appellant.

          Hon. Lawrence G. Wasden, Attorney General; Russell J. Spencer, Deputy Attorney General, Boise, for respondent.

          GRATTON, Chief Judge.

         Anthony 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.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         A 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.

         As 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.

         Bonilla 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 remaining charges.

         Bonilla 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.

         II.

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