Idaho Court of Appeals Criminal Opinions

The Idaho Supreme Court and Idaho Court of Appeals cited opinions are made available online as a public service. All cited opinions are posted the day of their release. West Publishing Company publishes all cited opinions in the Pacific Reporter and Idaho Reports volumes. All cited opinions are removed from this site one-year upon release.

NOTICE: These opinions are subject to formal revision before publication in the preliminary print of the Pacific Reporter. Readers are requested to notify the Clerk of the Court/Reporter of Decisions, Supreme Court of Idaho, Boise, Idaho, 83720-0101, of any typographical or other formal errors, in order that corrections may be made before the preliminary print goes to press.

Court of Appeals Criminal Opinions by Release Date

June 30, 2014 - State v. Arlyn V. Orr - DUI [1]
June 13, 2014 - State v. Martin Edmo Ish - Controlled Sub [2]
May 30, 2014 - Popoca-Garcia v. State - (PC) Denial [3]
May 30, 2014 - State v. Shawn O'Shay Davis, II - Grand Theft [4]
May 23, 2014 - State v. Johnson- State's appeal of acquittal [5]
May 22, 2014 - State v. Allen Keith Clontz - DUI [6]
May 20, 2014 - State v. Jose Perez-Jungo - Controlled Sub [7]
May 19, 2014 - State v. Kenny Struhs - Vehicular manslaughter [8]
May 12, 2014 - State v. Allen - Motions for relief and to seal [9]
May 12, 2014 - State v. Ruggiero - State appeals dismissal [10] SUB
May 7, 2014 - State v. George Kapelle - Manufacturing marijuana [11]
May 7, 2014 - State v. Stephen D. L'Abbe - Speeding [12]
May 6, 2014 - State v. Mark C. Hunter - Motion to suppress-DUI [13]
April 30, 2014 - State v. Hamlin - Sexual abuse - vulnerable adult [14]
April 25, 2014 - Woodrow Grant v. State - Battery (PC) [15]
April 22, 2014 - State v. Frank D. Marks - Lewd Conduct [16]
April 18, 2014 - State v. Kevin Michael Nicolescu - DUI [17]
April 17, 2014 - State v. Santos Tena - Controlled Sub [18]
April 1, 2014 - State v. Nikolas Sherman - Controlled Sub [19]
March 28, 2014 - State v. Wayne D. Anderson - Lewd Conduct [20]
March 27, 2014 - Miguel C. Joyner v. State - No Contact (PC) [21]
March 26, 2014 - State v. Valentin Calvillo - Lewd Conduct [22]
March 26, 2014 - Cecil G. Daniels v. State - DUI [23]
March 25, 2014 - State v. Robert Javier Garcia, Jr. [24]
March 17, 2014 - Kent Hall v. State - Post-Conviction (Poss) [25]
March 10, 2014 - State v. Jacob M. Torrez - Aggravated DUI [26]
February 28, 2014 - State v. Rafael Galvan - Stalking [27]
February 28, 2014 - State v. Gregory Scott McAmis - Grand Theft [28]
February 24, 2014 - State v. Timothy Nichols - Statutory Rape [29]
February 21, 2014 - State v. Derek Edward Moad - Male Rape [30]
February 20, 2014 - State v. Pierre J. Saviers - No-Contact [31]
February 11, 2014 - State v. Bryce S. Mendel - Controlled Sub [32]
February 11, 2014 - State v. Morgan C. Alley - Controlled Sub [33]
February 10, 2014 - State v. Rhonda Trusdall - DUI [34]
February 10, 2014 - State v. Brandon Eddins - Assault [35]
February 5, 2014 - State v. Moore - Credit for Time Served [36]
February 4, 2014 - State v. Martin C. Cardoza - Trafficking [37]
February 4, 2014 - State v. Lee Odell Fair - Assault [38]
January 24, 2014 - State v. Charles A.Vaughn, Jr. - No Contact [39]
January 17, 2014 - State v. Kristi L. Hurles - Grand theft [40]
January 10, 2014 - State v. Teddy Edghill [41] Substitute
January 10, 2014 - State v. Jacob Jerome Buck - Possession [42]
January 6, 2014- State v. Joseph Thomas Iverson - Battery [43]
December 30, 2013- State v. Gillespie- Sexually exploitative [44]
December 30, 2013- Wally Kay Schultz v. State - Post-conviction [45]
December 23, 2013- State v. Kesling Order Revoking Probation [46]
December 19, 2013 - State v. Howard -Motion to suppress [47]
December 12, 2013 - Gregory S. McAmis v. State - Grand theft [48]
December 10, 2013 - State v. Daniel L. Widner - Trafficking [49]
December 10, 2013 - Edward Stevens v. State - Post-conviction [50]
November 26, 2013 - State v. Donald Houser - Assault [51]
November 21, 2013 - State v. Darren Carmouche - Battery [52]
November 14, 2013 - State v. Franklin Osterhoudt - Rape [53]
November 14, 2013 - State v. Wolfe - Rule 35 [54] Substitute
November 12, 2013 - State v. Juan L. Juarez - DUI [55]
November 8, 2013 - State v. Teddy Edghill [56] Withdrawn
November 8, 2013 - State v. Lloyd Hardin McNeil - Manslaughter [57]
October 25, 2013 - State v. Garry K. Widmyer - Lewd conduct [58]
October 25, 2013 - State v. J. Bradshaw - Destruction of evidence [59]
October 22, 2013 - State v. Kori Lynn Ward - Order supressing [60]
October 22, 2013 - State v. Daniel & Kathleen Bergerud [61]
October 8, 2013 - State v. Wolfe - Rule 35 [62] Withdrawn 11/14/13
October 7, 2013 - State v. Ricardo Ozuna, Jr. - Lewd [63]
September 19, 2013 - State v. Mark L. Ellis - Motion to suppress [64]
September 6, 2013 - State v. Keith Allan Brown - Manslaughter [65]
September 6, 2013 - State v. Moses Olivas, Jr. - Sex offender [66]
September 5, 2013 - State v. Gary L. Schall - DUI [67]
July 23, 2013 - State v. Tankovich [68] Amended Opinion
July 17, 2013 - State v. Leotis B. Branigh, III - Murder [69]
July 12, 2013 - State v. Elias - Forcible Penetration [70]
July 11, 2013 - State v. Tracy Lorene Davis - DUI [71]
July 11, 2013 - State v. Tankovich [72]See Amended 7-23-13
June 21, 2013 - State v. George Joseph Besaw, Jr. - DUI [73]
June 18, 2013 - State v. Tennison M. Silver - Order suppressing [74]
June 14, 2013 - State v. James L. Skunkcap - Eluding; assault [75]
June 7, 2013 - State v. Paul Carey Hartzell - Stalking [76]
June 4, 2013 - State v. Calver - Child custody interference [77]
June 3, 2013 - State v. Kristina M. Quintana - Grand theft [78]
May 24, 2013 - State v. Kim J. Day - Probation revoked [79]
May 14, 2013 - State v. John Doe (2012-07) - Motion to expunge [80]
May 14, 2013 - State v. Chris Allen Stone - Motion to suppress [81]
May 6, 2013 - State v. Scott Anthony Hansen - Statutory Rape [82]
May 3, 2013 - State v. Joshua M. Moses - Extortion [83]
April 15, 2013 - State v. Edward R. Hochrein, Jr. - No Contact [84]
April 11, 2013 - State v. Sasha Dee Martinez - Robbery [85]
April 11, 2013 - State v. Jesse S. Cornelison - Burglary [86]
April 9, 2013 - State v. Martin Garcia-Pineda - Rule 35 [87]
April 4, 2013 - State v. Geirrod Detloph Stark - DUI [88]
March 28, 2013 - State v. Dana Lydell Smith - New trial [89]
March 21, 2013 - State v. Levon F. Cordingley - Poss - marijuana [90]
March 14, 2013 - State v. Bob L. Boren - Poss - firearm [91]
March 6, 2013 - State v. Kerry S. Thomas - Motion to withdraw [92]
March 4, 2013 - State v. Michael R. Russo - Rape [93]
February 25, 2013 - State v. Rosemary P. Dycus - Possession [94]
February 21, 2013 - State v. Joshua N. Sexton-Gwinn - Burglary [95]
February 19, 2013 - State v. Richard W. Wright - Leaving scene [96]
February 12, 2013 - State v. Manuel G. Velasco - Lewd conduct [97]
February 12, 2013 - State v. Bennett J. Bartlett - Agg assault [98]
February 6, 2013 - State v. Brittany M. Acuna - Restitution [99]
January 24, 2013 - State v. Kim J. Day - Lewd conduct [100]
January 23, 2013 - State v. Chris J. McLellan - Video voyeurism [101]
January 16, 2013 - Robert J. Frauenberger - Lewd conduct [102]
January 15, 2013 - Thomas D. Moffat - Att strangulation [103]
January 4, 2013 - Randall S. Rothwell - Lewd conduct [104]
December 31, 2012 - Kirk Julliard Gosch v. State - Manuf & poss [105] SUBSTITUTE
December 21, 2012 - State v. Craig C. Risdon - Stat rape [106]
December 19, 2012 - State v. Robert Cassidy Hansen- Agg DUI [107] SUBSTITUTE
December 17, 2012 - State v. Bruce E. Reed - Enticing a child over the Internet [108]
December 11, 2012 - State v. Albert A. Ciccone - First & Second degree murder [109]
December 10, 2012 - State v. Charles Leo Baker - Sexual battery of a minor and attempted rape [110]
December 7, 2012 - State v. Kevin Louis Ormesher - Sexual abuse of a child under sixteen [111]
December 3, 2012 - State v. Kevin Christian Overline - Lewd conduct with minor [112]
November 27, 2012 - State v. Jerry Allan Hill - Grand theft [113]
November 21, 2012 - Christopher Ray Schultz v. State - Appeal from dismissal of petition for post-conviction relief [114]
November 9, 2012 - State v. Nathan Wade Herren - Violation of no-contact order [115]
November 9, 2012 - State v. Javier Aguilar - Lewd conduct with a minor [116]
November 2, 2012 - State v. Jerry Lee McClain - Domestic violence [117]
October 26, 2012 - State v. Robert Cassidy Hansen- Aggravated DUI [118] WITHDRAWN 12-19-12
October 26, 2012 - State v. Jerry Lee Olin - Sexual abuse of a child [119]
October 25, 2012 - State v. Earl Wayne Steele - Sexual abuse of a child [120]
October 25, 2012 - State v. Jack Cahill Steelsmith, Jr. - DUI [121]
September 28, 2012 - State v. Tiffany Leigh Turbyfill - DUI [122]
September 28, 2012 - State v. Roderick R. Mangum - Forgery [123]
September 24, 2012 - State v. Marlin Wayne Dewitt - Trafficking [124]
September 13, 2012 - State v. Daniel Dale Parsons, Jr. - Aiding and abetting robbery [125]
September 5, 2012 - Kirk Julliard Gosch v. State - Manufacturing and possession [126] WITHDRAWN 12-31-12
August 30, 2012 - State v. Brent Jacob Tyler - Possession [127]
August 27, 2012 - State v. Henry Roy Loman - Possession [128]
August 27, 2012 - State v. Robert D. Critchfield - Lewd conduct with minor child [129]
August 20, 2012 - State v. Joseph Richard Clinton - Lewd conduct with minor child [130]
August 6, 2012 - State v. Jose L. Valero - State appeals order to suppress [131]
August 1, 2012 - State v. David Loren Curry - Burglary [132]
July 25, 2012 - State v. Vance Everett Thumm - Aggravated battery [133]
July 10, 2012 - State v. Andrew Dallas Morgan - Burglary [134]
July 6, 2012 - State v. Brett J. Jacobson - Dismissed misdemeanor charges for violation of Idaho's speedy trial statue [135]
June 28, 2012 - State v. Lynn Lewis Schwab - Felony DUI [136]
June 22, 2012 - State v. Raymond Stuart Nienburg - Felony DUI [137]
June 19, 2012 - State v. Timothy Eugene Wright - Robbery [138]
June 8, 2012 - State v. Michael S. Stocks - Lewd conduct with a minor [139]
May 21, 2012 - State v. Wade Lamonte Peterson - Denial of motion seeking an order for reimbursement [140]
May 15, 2012 - State v. Mark Edward Allen, III - Appeal from denial of motion filed post-conviction in felony DUI [141]
May 11, 2012 - Monte George Hoffman v. State - Petition for post-conviction relief; possession of controlled substance [142]
May 3, 2012 - State v. Michael G. Long - Appeal from reversal of acquittal [143]
May 2, 2012 - State v. Larry M. Robinson - Motion to supress [144]
April 25, 2012 – State v. Michael Ian Kramer - DUI [145]
April 18, 2012 – State v. Joshua Lee McGiboney - Robbery [146]
April 18, 2012 – State v. Robert Scott Lippert – Sexual abuse of a minor [147]
April 17, 2012 – State v. Vance A. Watkins – Lewd conduct with a minor [148]
April 10, 2012 – State v. Jack E. Carey – Failure to register [149]
April 4, 2012 – State v. Alex Paul Giovanilli – State’s appeal from district court decision [150]
March 13, 2012 – State v. Ronald L. Coleman – Sexual abuse of a child under sixteen [151]
March 5, 2012 – Jose Luis Zepeda, Jr. v. State – Grand theft by possession [152]
February 27, 2012 – State v. Amber Dawn Stewart – Driving without privileges and possession of controlled substance [153]
February 24, 2012 – Donald Roger Rossignol, Jr. v. State – Lewd conduct with a minor [154]
February 24, 2012 – State v. Harold E. Grist, Jr. – Lewd Conduct with a minor [155]
February 13, 2012 – State v. Lazarus Salazar – Aggravated battery [156]
February 8, 2012 – State v. Tyler Ray Carter – Aggravated assault on corrections officer [157]
February 8, 2012 – State v. Joshua Nathaniel Cottrell – Obstructing an officer [158]
February 6, 2012 – State v. Christopher Homer Randle – Felony DUI [159]
January 24, 2012 – State v. Dwain K. Whitaker – Lewd conduct with a minor child [160]
January 23, 2012 – State v. Abraham Vargas – Grand theft [161]
January 17, 2012 – John F. Warren v. Olivia Craven – Appeal from denial of petition for writ of habeas corpus [162]
January 3, 2012 – State v. Raul Martinez-Gonzalez – Possession of controlled substance [163]
January 3, 2012 – State v. Traci N. Hadden – Grand theft [164] AMENDED
December 27, 2011 – State v. Traci N. Hadden – Grand theft [165] AMENDED 1-03-2012
December 22, 2011 – State v. Jay R. Marsh - Burglary [166]
December 21, 2011 – State v. Albert Ray Moore – DUI [167]
December 15, 2011 – State v. Justin Bradley Davis – Attempted strangulation [168]
December 14, 2011 – State v. Cary William White – Possession of marijuana and paraphernalia [169]
December 12, 2011 – State v. Daniel E. Marmentini – Felony DUI [170]
December 12, 2011 – State v. Daniel A. Ligon-Bruno – Probation violation [171]
December 7, 2011 – State v. Kurt A. Smith – Trafficking in marijuana [172]
November 23, 2011 – State v. Joseph A. Voss, Jr. – Student possession of tobacco on school grounds [173]
November 14, 2011 – State v. Kimberlee Ann Decker – Driving under the influence [174]
November 14, 2011 – State v. Wayne Eugene Ephraim – Enticing a child over the internet [175]
November 14, 2011 – State v. Peter L. Toyne – Driving under the influence [176]
November 2, 2011 – State v. Mary Summers – Attempt to obtain a controlled substance by fraud [177]
October 31, 2011 – State v. Kimberly D. Jones – Possession of controlled substance [178]
October 19, 2011 – State v. Valentino Herrera – Battery on a Police Officer [179]
October 17, 2011 – State v. Christopher A. Pentico - Trespass [180]
October 14, 2011 – State v. Todd James Suriner – Two counts of lewd conduct [181] SUBSTITUTE
October 6, 2011 – State v. Troy Edwin Liechty – Motion to Suppress [182]
October 5, 2011 – State v. Todd James Suriner – Two counts of lewd conduct [183] WITHDRAWN 10-14-2011
September 12, 2011 – State v. Russell G. Jones - Rape [184]
September 12, 2011 – State v. Byron Healy – D.U.I. [185]
September 8, 2011 – State v. Jeffrey Marsalis - Rape [186]
September 1, 2011 – State v. Howard W. Linenberger – Possession with intent to deliver [187]
August 26, 2011 – State v. James M. Anderson - Second degree murder [188]
August 16, 2011 – State v. Richard Lee Brown – Failure to register as a sex offender [189]
August 12, 2011 – State v. Jack C. Kessler – Possession of methamphetamine [190]
August 11, 2011 – State v. Judy Ann Mendoza - Forgery [191]
August 10, 2011 – State v. Arnoldo Rojas-Tapia – Trafficking in marijuana [192]
August 8, 2011 – State v. Charles Glenn Fordyce – Felony domestic violence [193]
August 3, 2011 – State v. Aniceto Betancourt, IV – Possession of controlled substance [194]
July 26, 2011 – Joshua R. Bradley v. State of Idaho – Sex offender registration [195]
July 21, 2011 – State v. Eloy Naranjo, Jr. – Trafficking in methamphetamine [196]
July 19, 2011 – State v. Ronald W. Rollins, Jr. – Grand theft [197]
July 18, 2011 – State v. Matthew T. Harper – Trafficking and manufacture of controlled substance; children present [198]
July 6, 2011 – State v. Kenneth Eugene Thurlow- Fixed life sentence for first degree murder [199]
June 29, 2011 – State v. David Leroy Lee – Failure to register [200]
June 23, 2011 – State v. Bradford Jerome Foster – D.U.I. [201]
June 16, 2011 – State v. Adam R. Pullin – Possession of methamphetamine and marijuana [202]
June 10, 2011 – State v. Adam Richard Crockett – D.U.I. [203]
May 23, 2011 – State v. Patrick Thomas Dicksen – Felony injury to a child [204]
May 20, 2011 – Andrew J. J. Wolf v. State – Enticing children over the internet [205]
May 19, 2011 – State v. Dawn M. Johnson – Trafficking in controlled substance [206]
May 18, 2011 – State v. Matthew Lee Hurst – Lewd conduct with a minor under sixteen [207]
May 12, 2011 – State v. Lunde Eugene Justice – Grant theft; four counts forgery [208]
May 9, 2011 – Wally Kay Schultz v. State – Appeal from dismissal of petitions for post-conviction relief [209]
May 4, 2011 – State v. Theresa Norton – Aarson; insurance fraud [210]
April 28, 2011 – State v. Steven Clay Anderson – Unlawful possession of a firearm [211]
April 27, 2011 – State v. Pony L. Jackson – Lewd conduct with a minor under sixteen years [212]
April 12, 2011 – State v. James Frederick Pepcorn, Sr. – Rape, lewd conduct with a minor, sexual abuse of a child [213]
April 12, 2011 – Juan Miguel Gonzales v. State – Lewd & lascivious conduct with a minor [214]
April 8, 2011 – State v. Corey Skii Reid – Adding & abetting in two first degree murders [215]
April 1, 2011 – State v. Robert J. Sutton, II – Intimidating a witness [216]
March 30, 2011 – State v. David Zivkovic – Unlawful possession of a firearm by a felon [217]
March 30, 2011 – State v. Fabian Salinas – Felony injury to a jail [218]
March 25, 2011 – State v. Stacey Lewis Grove – First degree felony murder [219]
March 25, 2011 – State v. Abelardo Dominguez Gomez – Trafficking in cocaine [220]
March 11, 2011 – State v. Aristeo Gomez – Lewd conduct with a minor under sixteen [221]
March 2, 2011 – State v. Clifton Turek – Motion to suppress evidence [222]
March 1, 2011 – State v. Raymond Gene Corbus – Felony eluding a peace officer [223]