State v. Lawrence, 12088

CourtUnited States State Supreme Court of Idaho
Citation554 P.2d 953,97 Idaho 775
Docket NumberNo. 12088,12088
PartiesSTATE of Idaho, Plaintiff-Respondent, v. Dale Eugene LAWRENCE, Defendant-Appellant.
Decision Date01 October 1976

Peter D. McDermott, of McDermott & McDermott, Pocatello, for defendant-appellant.

Wayne L. Kidwell, Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Gordon S. Nielson, Sr. Deputy Atty. Gen., James F. Kile, Asst. Atty. Gen., Boise, for plaintiff-respondent.

PER CURIAM:

Appellant Dale Eugene Lawrence was convicted in the District Court of the Sixth Judicial District of forcible rape based upon his plea of guilty. He was sentenced by the district court to an indeterminate term not to exceed twelve years. He appeals on two grounds: First, that he should be allowed after sentencing to withdraw his plea of guilty because of the 'manifest injustice' in allowing a conviction to be based on an allegedly illegal search and seizure. Second, that the trial court abused its discretion in sentencing appellant to a maximum term of twelve years.

Appellant's first assignment of error does not constitute a proper basis of appeal. Idaho Criminal Rule 32(d) provides in relevant part that 'to correct manifest injustice the court after sentence may set aside the judgment of conviction and permit the defendant to withdraw his plea.' Even if the allegedly illegal search and seizure did work a manifest injustice, however, the facts of the search and seizure are not in the record. It is well established in Idaho that matters extraneous to the record cannot be considered on appeal. Relief should be sought, if at all, under the Uniform Post-Conviction Procedure Act. I.C. § 19-4901 et seq; State v. Congdon, 96 Idaho 377, 529 P.2d 773 (1974).

But even assuming arguendo that appellant's appeal is valid procedurally, the appeal is still without merit. The object that was seized by the arresting officer was in plain view. As the Supreme Court of the United States stated in Coolidge v. New Hampshire, 403 U.S. 443, 465, 91 S.Ct. 2022, 2037, 29 L.Ed.2d 564 (1971) 'an object (which) comes into view during a search incident to an arrest that is appropriately limited in scope under existing law may be seized without a warrant.' Thus, if an object that is in plain view is discovered by the arresting officer in a place where he is lawfully present, a warrantless seizure of that object is not illegal even if the object itself is not within the control of the arrestee. The critical issue becomes whether the arresting officer was lawfully present in the place of seizure. In the...

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6 cases
  • Barton v. State, 13892
    • United States
    • United States State Supreme Court of Idaho
    • January 7, 1983
  • State v. Seifart, 13030
    • United States
    • United States State Supreme Court of Idaho
    • July 5, 1979
    ...A sentence that is within the limits prescribed by statute ordinarily will not be considered an abuse of discretion. State v. Lawrence, 97 Idaho 775, 554 P.2d 953 (1976); State v. Mooneyham, 96 Idaho 145, 525 P.2d 340 (1974); State v. Trowbridge, 95 Idaho 640, 516 P.2d 362 (1973). Here the ......
  • Lloyd v. State, 9651
    • United States
    • Supreme Court of Nevada
    • April 6, 1978
    ...sentence was well within statutory limits. See N.R.S. 200.363. When the sentence is within statutory limits, see State v. Lawrence, 97 Idaho 775, 554 P.2d 953 (Idaho 1976), and when there has been no proof of judicial reliance upon "impalpable or highly suspect evidence," see Silks v. State......
  • State v. Dunnagan, s. 13163
    • United States
    • United States State Supreme Court of Idaho
    • April 15, 1980
    ...discretion. State v. Seifart, 100 Idaho 321, 597 P.2d 44 (1979); State v. Ward, 98 Idaho 571, 569 P.2d 916 (1977); State v. Lawrence, 97 Idaho 775, 554 P.2d 953 (1976). The defendants in this appeal were adjudged guilty of crimes which our legislature has made punishable by incarceration fo......
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