State of Idaho v. Jose Gabriel Castillo, Jr

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 50115

STATE OF IDAHO, )
) Filed: May 22, 2023
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
JOSE GABRIEL CASTILLO, JR., ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)

Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon
County. Hon. Brent L. Whiting, District Judge.

Appeal from judgment of conviction and unified sentence of 180 days in jail for
misdemeanor domestic battery, dismissed.

Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, Deputy
Appellate Public Defender, Boise, for appellant.

Hon. Raúl R. Labrador, Attorney General; Kenneth K. Jorgensen, Deputy Attorney
General, Boise, for respondent.
________________________________________________

Before LORELLO, Chief Judge; GRATTON, Judge;
and HUSKEY, Judge
________________________________________________

PER CURIAM
Jose Gabriel Castillo, Jr. was found guilty of misdemeanor domestic battery. I.C. § 18-
918(3)(b). At sentencing, the district court indicated it would sentence Castillo to 180 days in jail,
with 160 days suspended, and two years’ probation. Castillo rejected the offer of probation and
requested imposition of his jail sentence. The district court sentenced Castillo to 180 days in jail
with an option of work release. Castillo appeals, arguing that his sentence is excessive but
acknowledges that his appeal is now moot.

1
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
(2010). The relief Castillo has requested on appeal cannot be granted because he has served his
sentence. Therefore, any judicial relief from this Court would have no effect on either party. See
id.
Therefore, Castillo’s appeal from his judgment of conviction and sentence is dismissed.

2