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State v. McDay

Supreme Court of Idaho

December 26, 2018

STATE OF IDAHO, Plaintiff-Respondent,
v.
JAMES E. McDAY, Defendant-Appellant.

          Appeal from the District Court of the First Judicial District of the State of Idaho, Kootenai County. Hon. John T. Mitchell, District Judge.

         The judgment of the district court is affirmed. Costs are awarded to the State as a matter of right.

          James Elbert McDay, Coeur d'Alene, Appellant pro se.

          Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, attorney for respondent.

          BEVAN, JUSTICE.

         James McDay, pro se, appeals a district court judgment that affirmed the Idaho State Police Bureau of Criminal Identification ("BCI")'s denial of McDay's request to have two criminal cases expunged from his record. We affirm.

         I. Factual and Procedural Background

         On April 14, 2005, McDay was arrested for driving under the influence in violation of Idaho Code section 18-8004. On the same day, the prosecuting attorney filed a case against McDay, CR-2005-7362 ("DUI case"), supported by an affidavit of probable cause, and the magistrate court issued an order finding probable cause. On August 3, 2005, the case was dismissed.

         Four years later, on March 25, 2009, McDay was arrested for: (1) driving without privileges in violation of Idaho Code section 18-8001; (2) failure to provide proof of insurance in violation of Idaho Code section 49-1232; and (3) possession of drug paraphernalia in violation of Idaho Code section 37-2734A(1). The next day, the prosecuting attorney filed a case against McDay, CR-2009-6228 ("Paraphernalia case"), supported by an affidavit of probable cause, and the magistrate court issued an order finding probable cause on all three charges. The charges were subsequently reduced or dismissed on May 6, 2009.

         On approximately October 2, 2016, McDay filed an expungement application with the BCI to have both criminal cases expunged from his record. On October 14, 2016, BCI denied McDay's request after finding that he was ineligible for expungement. On October 24, 2016, McDay filed a Notice of Appeal to Expunge in magistrate court under his previous DUI case number. McDay also filed an Affidavit Statement under both the DUI case number and the Paraphernalia case number. The State objected, alleging that the time to file an appeal had expired.

         On December 7, 2016, McDay filed a Motion for Judgment of Acquittal under his DUI case number in magistrate court. After a hearing the magistrate judge entered an order-under both of McDay's previous criminal case numbers-that denied McDay's Motion for Judgment of Acquittal; however, the magistrate court construed McDay's October 24, 2016, Notice of Appeal to Expunge as a request for judicial review of a state agency action and forwarded BCI's expungement decision to the district court under I.R.C.P. 84.

         A district court judge was assigned to the appeal under both of McDay's previous criminal case numbers. The district court affirmed the BCI decision after finding that McDay's failure to follow procedural rules was fatal to his appeal; namely, that McDay had failed to provide the district court with an agency record for review. McDay timely appealed to this Court.

         II. ...


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