IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 42219 STATE OF IDAHO, ) ) Boise, January 2016 Term Plaintiff-Respondent, ) ) 2016 Opinion No. 13 v. ) ) Filed: February 25, 2016 JORGE ENRIQUE RODRIGUEZ, ) ) Stephen W. Kenyon, Clerk Defendant-Appellant. ) ) Appeal from the District Court of the Second Judicial District, State of Idaho, Nez Perce County. Hon. Carl B. Kerrick, District Judge.

Judgment of conviction and sentence, affirmed.

Sara B. Thomas, State Appellate Public Defender, Boise, for appellant. Jason Pintler argued.

Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent.

Jessica Lorello argued.

_________________________________ PER CURIAM.

Rodriguez makes the same argument as the Appellant in State v. McIntosh, No. 41910 (Idaho Feb. 25, 2016); and upon the authority of that case, and for the reasons therein stated, we affirm the district court.