State v. Richard Camarillo

IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 37423
STATE OF IDAHO, ) 2010 Unpublished Opinion No. 640
)
Plaintiff-Respondent, ) Filed: September 10, 2010
)
v. ) Stephen W. Kenyon, Clerk
)
RICHARD CAMARILLO, ) THIS IS AN UNPUBLISHED
) OPINION AND SHALL NOT
Defendant-Appellant. ) BE CITED AS AUTHORITY
)
Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin
Falls County. Hon. G. Richard Bevan, District Judge.
Judgment of conviction and unified sentence of seven years, with a minimum
period of confinement of two years, for possession of a controlled substance,
dismissed.
Molly J. Huskey, State Appellate Public Defender; Justin M. Curtis, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney
General, Boise, for respondent.
______________________________________________
Before LANSING, Chief Judge; GRATTON, Judge;
and MELANSON, Judge
PER CURIAM
Richard Camarillo pled guilty to possession of a controlled substance. I.C. § 37-
2732(c)(1). The parties entered into a binding I.C.R. 11 plea agreement. Pursuant to the
agreement and in exchange for Camarillo’s guilty plea, the state dismissed an additional charge,
agreed not to file a habitual violator enhancement, and agreed to recommend a unified sentence
of seven years, with four years fixed. Camarillo waived his right to appeal his sentence provided
that the district court did not exceed the state’s recommendation. The district court sentenced
Camarillo to a unified term of seven years, with a minimum period of confinement of two years.
Camarillo appeals.
1
We hold that Camarillo’s appellate challenge to the excessiveness of his sentence has
been waived by his plea agreement. See I.C.R. 11(f)(1); State v. Rodriguez, 142 Idaho 786, 787,
133 P.3d 1251, 1252 (Ct. App. 2006). Camarillo’s plea agreement contained a clause by which
Camarillo waived his right to appeal his sentence. Accordingly, we dismiss Camarillo’s appeal.
2