This is an appeal from a judgment in favor of the purchaser of goods under a written contract that the parties had orally modified. Because the contract, as orally modified, had been fully performed, we hold that its enforcement was not barred by the statute of frauds and affirm the judgment... I. FACTS AND PROCEDURAL HISTORY... Thomas and Sheila O'Dell (Sellers) owned a mobile catering business providing meals to wildland firefighters. In July 2001, Sellers and Apple's Mobile Catering, LLC,...  

This case arises out of a district court's decision, upon remand from this Court, awarding attorney fees to J-U-B Engineers, Inc. (J-U-B) and ordering that the Bannock County Auditor remit $41,140 to J-U-B from the $102,541.86 cash bond previously deposited with the auditor by BECO Construction Company, Inc. (BECO). We vacate those orders and remand for further proceedings... I. FACTUAL AND PROCEDURAL BACKGROUND... In 2005, BECO filed suit against J-U-B for breach of contract, negligence, and...  

Marie Gerhardt pled guilty tofelony operating a motor vehicle while under the influence of alcohol. Idaho Code §§ 18-8004, 18-5005(7). The district court sentenced Gerhardt to a unified term of nine years with three years determinate, suspended the sentence, and retained jurisdiction. Following the period of retained jurisdiction, the district court relinquished jurisdiction. Gerhardt filed an Idaho Criminal Rule 35 motion, which the district court denied. Gerhardt appeals asserting...  

Roberto Guevara entered an Alford1 plea to grand theft. Idaho Code § 18-2403(1). The district court imposed a unified seven-year sentence with a two-year determinate term, suspended the sentence and placed Guevara on supervised probation for a period of three years. Subsequently, Guevara admitted to violating several terms of the probation, and the district court consequently revoked probation, ordered execution of the original sentence, and retained jurisdiction. Following the period of...  

This is an appeal from a judgment terminating the parental rights of a father in three of his children. We affirm the decision of the district court upholding the judgment of the magistrate judge... I. FACTS AND PROCEDURAL HISTORY... While Father and Mother (Parents) were residing in Pierce County, Washington, they had a daughter (Child One) born on July 6, 2005. The Washington Department of Social and Health Services (DSHS) removed Child One from Parents' custody on September 30, 2005. Mother...  

This is an appeal from an order confirming an arbitrator's award and from an order awarding court costs and attorney fees for the confirmation proceedings. Because there was no timely appeal from the order confirming the arbitrator's award and there is no final judgment entered on the remaining issues, we dismiss the appeal... I. FACTS AND PROCEDURAL HISTORY... Ray and Julie Harrison, who are married, had claims for medical malpractice against Dr. Jeffrey Hartford based upon his treatment of...  

Jeffrey Randall Jensen pled guilty to aiding and abetting robbery. Idaho Code §§ 18-6501, 18-6502, 18-204. The district court sentenced Jensen to a unified term of fifteen years, with a minimum period of confinement of five years. Jensen filed an Idaho Criminal Rule 35 motion, which the district court denied. Jensen appeals... Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating the reasonableness of the...  

This is an appeal from a summary judgment upholding an increase in a connection fee charged as an "equity buy-in" to hook up to a domestic water system in an irrigation district. Because there is a genuine issue of material fact as to whether the connection fee was calculated as the value of that portion of the system capacity that the new user will utilize at that point in time, we vacate the judgment and remand this case for further proceedings... I. FACTS AND PROCEDURAL HISTORY......  

Victor R. Woods appeals from the district court's order summarily dismissing his application for post-conviction relief. We affirm... In his application, Woods alleges that on December 29, 2003, he was sentenced for sex abuse of a minor under the age of sixteen, Idaho Code § 18-1506, to a unified term of eight years with two years determinate. As part of the plea agreement he waived his right to appeal and, therefore, did not directly appeal his judgment of conviction and sentence. Prior...  

Billy Rancie [Rancy] Oldham, Jr. pleaded guilty to arson. Oldham appeals, contending that the district court erred in denying his two presentence motions to withdraw his guilty plea, in denying his motion to reduce his sentence, and in denying his motion for additional credit for time served. We affirm... I... FACTS AND PROCEDURE... Oldham was charged with first degree arson, Idaho Code § 18-802, with a sentence enhancement for being a persistent violator, I.C. § 19-2514. In a related...  

Richard David Pokorney appeals his judgment of conviction on five counts of lewd conduct with a minor under sixteen. Idaho Code § 18-1508. He alleges the trial court erred in admitting evidence under Idaho Rule of Evidence 404(b). For the reasons set forth below, we vacate the judgment of conviction and remand... I... FACTUAL AND PROCEDURAL BACKGROUND... Pokorney and his wife, L.G., have five sons whose ages at the time of trial were: J.G., age twenty-three; R.D.P., age seventeen; W.P.,...  

James Cochran appeals from his judgment of conviction for sexual abuse of a child under the age of sixteen years. Specifically, Cochran challenges the district court's order denying his motion for a new trial. For the reasons set forth below, we affirm... I... FACTS AND PROCEDURE... Cochran was charged with lewd conduct with a minor child under sixteen. I.C. § 18-1508. The thirteen-year-old victim testified at trial that Cochran had digitally penetrated her vagina while simultaneously...  

Larry Gene Franks pled guilty to sexual abuse of a minor child, I.C. § 18-1506(1)(b), and the district court imposed a unified twelve-year sentence with a five-year determinate term. The district court suspended the sentence and placed Franks on probation. This probation was subsequently revoked and the suspended sentence ordered into execution. On appeal, Franks does not challenge the district court's decision to revoke probation, but argues only that this sentence is excessive and that...  

Theron Jones pled guilty to possession of methamphetamine, I.C. § 18-2732(c), and the district court imposed a unified five-year sentence with a one-year determinate term. The district court suspended the sentence and placed Jones on probation. Jones violated his probation and the district court revoked probation, but retained jurisdiction. Following successful completion of his retained jurisdiction, the district court again suspended the sentence and placed Jones on probation. This...  

This is a consolidated appeal. In Docket No. 36455, Cody James Freer pleaded guilty to felony possession of marijuana, Idaho Code § 37-2732(e). The district court entered a withheld judgment and placed Freer on supervised probation. In Docket No. 36456, Freer pleaded guilty to possession of Oxycontin, I.C. § 37-2732(c)(1), in violation of his probation in Docket No. 36455. The district court imposed concurrent unified sentences of five years with two-year determinate terms in each...  

In these consolidated cases, Jacob Wayne Judd was convicted of burglary, Idaho Code § 18-1401, rape, I.C. § 18-6101(1), and grand theft, I.C. §§ 18-2403(1), 18-2407(1)(b). The district court imposed concurrent unified sentences of ten years, with three years determinate in each case. Judd appeals, contending that the sentences are excessive... Sentencing is a matter for the trial court's discretion. Both our standard of review and the factors to be considered in evaluating...  

Michael C. McCoy appeals the district court's dismissal of his petition for writ of habeas corpus, his amended habeas corpus petition, and his motion for reconsideration. We affirm... I... BACKGROUND... In February 2008, McCoy was arrested for violating his parole by testing positive for alcohol, methamphetamine, and cocaine. A parole violation hearing was held at which McCoy admitted to the parole violations. The hearing officer found McCoy guilty of violating his parole, recommended that...  

Laya Adolfo Scott was convicted of conspiracy to commit forgery, Idaho Code §§ 18-1701; 18-3601, and the district court entered a withheld judgment and placed Scott on supervised probation for six years. Subsequently, Scott admitted to violating several terms of the probation, and the district court revoked the withheld judgment, imposed a unified seven-year sentence with a two-year determinate term, suspended the sentence, and placed Scott on supervised probation for seven years....  

John A. Reese, Jr. appeals from the district court's order summarily dismissing his petitions for post-conviction relief. For the reasons stated below, we affirm... I... BACKGROUND... The factual background and course of proceedings are set forth in State v. Reese, Docket No. 31070 (Ct. App. Jan. 23, 2006) (unpublished):... On November 16, 2003, the Lewiston Fire Department responded to a fire in a pile of hay on property leased by John A. Reese and sublet by him to George Velikanje. In the...  

Vicki A. Jensen is serving a determinate life sentence. This is an appeal from an order of restitution. Jensen claims the district court lacked authority to order restitution. We agree and vacate the order... I... FACTUAL AND PROCEDURAL BACKGROUND... Jensen pled guilty to first degree murder, and on March 14, 2001, the district court imposed a determinate life sentence. This Court affirmed her judgment of conviction and determinate life sentence, State v. Jensen, 137 Idaho 240, 46 P.3d 536 (Ct....