CourtListener 10854874•State of Idaho v. Zachary Orlyn Waters
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IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 52115
STATE OF IDAHO, )
) Filed: December 30, 2025
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
ZACHARY ORLYN WATERS, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
County. Hon. Jason D. Scott, District Judge.
Appeal dismissed.
Erik R. Lehtinen, State Appellate Public Defender; Jacob L. Westerfield, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Kacey L. Jones, Deputy Attorney
General, Boise, for respondent.
________________________________________________
Before GRATTON, Chief Judge; HUSKEY, Judge;
and LORELLO, Judge
________________________________________________
PER CURIAM
Mindful of the mootness doctrine and that he has fully served his sentence, Zachary Orlyn
Waters appeals and argues that his sentence is excessive.
A case becomes moot when the issues presented are no longer live or the defendant lacks
a legally cognizable interest in the outcome. Murphy v. Hunt, 455 U.S. 478, 481 (1982); Bradshaw
v. State, 120 Idaho 429, 432, 816 P.2d 986, 989 (1991). Even where a question is moot, there are
three exceptions to the mootness doctrine: (1) when there is the possibility of collateral legal
consequences imposed on the person raising the issue; (2) when the challenged conduct is likely
to evade judicial review and thus is capable of repetition; and (3) when an otherwise moot issue
raises concerns of substantial public interest. State v. Barclay, 149 Idaho 6, 8, 232 P.3d 327, 329
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(2010). The relief Waters has requested on appeal cannot be granted because he has already served
his sentence. Waters does not argue that any of the exceptions to the mootness doctrine are
applicable. Therefore, any judicial relief from this Court would have no effect on either party. See
id.
Therefore, the appeal from Waters’ judgment of conviction and sentence is dismissed.
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