State v. Moses Olivas, Jr.

I concur in Justice Horton’s dissent, but write simply to add the following.

Article V, § 13, of the Idaho Constitution provides in part that “[t]he legislature shall have no power to deprive the judicial department of any power or jurisdiction which rightly pertains to it as a coordinate department of the government.” “The Constitution of the State of Idaho does not specifically enumerate those powers reserved to this separate department of the government.” State v. McCoy, 94 Idaho 236, 238, 486 P.2d 247, 249 (1971). “We have previously held that the powers reserved to the several departments…