State v. Martinez

AMENDED OPINION

THE COURT’S PRIOR UNPUBLISHED OPINION DATED JUNE 5, 2002 IS HEREBY WITHDRAWN.

JUDD, Judge Pro Tem.

Eluterio Martinez appeals from his rape conviction. He argues that the district court erred in excluding a late-disclosed defense witness. Martinez intentionally failed to disclose the witness to the State, and to his attorney. We affirm the witness’s exclusion as a sanction.

I

FACTS AND PROCEDURAL HISTORY

Martinez was charged with rape, Idaho Code § 18-6101, and with a repeat sex offender sentence enhancement, I.C. § 19-2520C(1). Martinez pled guilty pursuant to a plea agreement and…