State v. Marcos Apollo Jimenez

EISMANN, Justice.

This is an appeal out of Bingham County from a judgment sentencing a child molester to prison. He contends that the district court violated his Fifth Amendment rights by drawing negative inferences based upon his refusal to submit to a psychosexual evaluation. We affirm the judgment of the district court.

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Factual Background.

In September 2013, 44-year-old Marcos Jimenez (“Defendant”) was at his girlfriend’s apartment after she had gone to work leaving him to care for-her 17-year-old daughter, who had the mental capacity of a 10-year-old and a learning disability. Defendant had…