State v. Scott Alan Moore

GUTIERREZ, Judge.

Scott Alan Moore moved the district court to reduce his felony conviction to a misdemeanor, as permitted under Idaho Code § 19-2604(3). After the prosecutor did not stipulate to the reduction, a condition required by I.C. § 19-2604(3), the district court entered an order denying the motion, and Moore appeals from this order. On appeal, Moore contends that I.C. § 19-2604(3) violates the separation of powers doctrine under the Idaho Constitution and denies equal protection under both the federal and state constitutions. For the reasons that follow, we affirm.

I

FACTS AND PROCEDURE