State v. Pacheco

SCHWARTZMAN, Judge.

Samuel Pacheco was found guilty of aggravated assault, enhanced for use of a deadly weapon and being a persistent violator. He was sentenced to twenty-seven years of incarceration with seven years fixed. We affirm his judgment of conviction and sentence.

i.

FACTUAL AND PROCEDURAL BACKGROUND

Pacheco, dressed in a denim jacket, jeans and white and blue Reebok tennis shoes, walked into the men’s furnishings section of the ZCMI department store in Idaho Falls. He tried on a pair of black-framed sunglasses and looked at other merchandise. Later, he squatted down behind a display…