Rodriguez motion in Idaho

2022The federal district court denied Rodriguez’s motion, concluding that “dog sniffs that occur within a short time following the completion of a traffic stop are not constitutionally prohibited if they constitute only de minimis intrusions.” Id. at 353 (quoting United States v. Alexander, 448 F.3d 1014, 1016 (8th Cir. 2006)).

2022The federal district court denied Rodriguez’s motion, concluding that “dog sniffs that occur within a short time following the completion of a traffic stop are not constitutionally prohibited if they constitute only de minimis intrusions.” Id. at 353 (quoting United States v. Alexander, 448 F.3d 1014, 1016 (8th Cir. 2006)).

2026“It is well-settled that this Court ‘will not address issues raised for the first time on appeal.’” Alcala v. Verbruggen Palletizing Sols., Inc., 172 Idaho 188 , 199, 531 P.3d 1085, 1096 (2023) (quoting Siercke v. Siercke, 167 Idaho 709, 715 , 476 P.3d 376, 382 (2020)). “[A] party preserves an issue for appeal by properly presenting the issue with argument and authority to the trial court below and noticing it for hearing or a party preserves an issue for appeal if the trial court issues an adverse ruling.” State v. Miramontes, 170 Idaho 920 , 924–25, 517 P.3d 15 849, 853–54 (2022).

2024Karst, 170 Idaho at 227 , 509 P.3d at 1156 .

2024Karst, 170 Idaho at 227 , 509 P.3d at 1156 .

2012Accordingly, the district court did not abuse its discretion when it only partially granted Rodriguez’s motion to strike portions of his PSI report.” Id. at 264 , 971 P.2d at 330 .

2012Accordingly, the district court did not abuse its discretion when it only partially granted Rodriguez’s motion to strike portions of his PSI report.” Id. at 264 , 971 P.2d at 330 .

1996Instead, his argument is predicated upon the Idaho Supreme Court’s decision in State v. Curl, 125 Idaho 224 , 869 P.2d 224 (1993).

1996Instead, his argument is predicated upon the Idaho Supreme Court’s decision in State v. Curl, 125 Idaho 224 , 869 P.2d 224 (1993).

1992I.C. § 19-4901(a)(l); I.C.R. 11(c); State v. Hawkins, 117 Idaho 285 , 787 P.2d 271 (1990) (defendant must be made aware of consequences of guilty plea).

1992I.C. § 19-4901(a)(l); I.C.R. 11(c); State v. Hawkins, 117 Idaho 285 , 787 P.2d 271 (1990) (defendant must be made aware of consequences of guilty plea).

1990We nevertheless must address Rodriguez's claim that the record does not reflect that Rodriguez was ever at any time adequately advised of the nature and consequences of pleading guilty, as required by I.C.R. 11(c) and State v. Colyer, 98 Idaho 32 , 557 P.2d 626 (1976).

1990We nevertheless must address Rodriguez's claim that the record does not reflect that Rodriguez was ever at any time adequately advised of the nature and consequences of pleading guilty, as required by I.C.R. 11(c) and State v. Colyer, 98 Idaho 32 , 557 P.2d 626 (1976).

1990We recognize — as did the district judge — that Rodriguez’ plea was conditional only in the sense that it was an Alford plea permitted by North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970) (an individual accused of a crime may consent to the imposition of a prison sentence even if he is unwilling to admit to the acts constituting the crime).

1990We recognize — as did the district judge — that Rodriguez’ plea was conditional only in the sense that it was an Alford plea permitted by North Carolina v. Alford, 400 U.S. 25 , 91 S.Ct. 160 , 27 L.Ed.2d 162 (1970) (an individual accused of a crime may consent to the imposition of a prison sentence even if he is unwilling to admit to the acts constituting the crime).

1990The Court of Appeals reversed the trial court's order denying Rodriguez's motion to withdraw his guilty plea based upon the plurality opinion of this Court in State v. Carrasco, 117 Idaho 295 , 787 P.2d 281 , rehear. granted, holding that Rodriguez, like Carrasco, had not been contemporaneously re-advised of the constitutional rights that he would be waiving at the time that he entered his guilty plea on November 17, 1986.

1990The Court of Appeals reversed the trial court's order denying Rodriguez's motion to withdraw his guilty plea based upon the plurality opinion of this Court in State v. Carrasco, 117 Idaho 295 , 787 P.2d 281 , rehear. granted, holding that Rodriguez, like Carrasco, had not been contemporaneously re-advised of the constitutional rights that he would be waiving at the time that he entered his guilty plea on November 17, 1986.