White v. State

── White v. State ── Court: Idaho Court of Appeals Date: April 16, 2026 Category: General IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 51657 PATRICK MICHAEL WHITE, ) ) Filed: April 16, 2026 Petitioner-Appellant, ) ) Melanie Gagnepain, Clerk v. ) ) THIS IS AN UNPUBLISHED STATE OF IDAHO, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Respondent. ) ) Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Nancy A. Baskin, District Judge. Judgment summarily dismissing petition for post-conviction relief, affirmed. Patrick Michael White, Boise, pro se appellant. Hon. Raúl R. Labrador, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent. ________________________________________________ HUSKEY, Judge Patrick Michael White appeals from the judgment summarily dismissing his petition for post-conviction relief. White alleges his trial attorney rendered ineffective assistance of counsel for failing to file a motion to suppress. The State argues White fails to raise any claim of error regarding the district court’s summary dismissal of his petition and that failure is fatal to his appeal. The State also argues the district court did not err in summarily dismissing White’s petition because White failed to establish a genuine issue of material fact regarding his claim. Because White failed to assign any error to the district court’s summary dismissal of his petition, he has waived any claim of error on appeal. The judgment summarily dismissing White’s petition for post-conviction relief is affirmed. I. FACTUAL AND PROCEDURAL BACKGROUND White was cited for misdemeanor driving under the influence (DUI) after he was released from the hospital following a fentanyl overdose. Sometime during White’s transport and 1 treatment, a small baggie containing a white powdery substance was found in his pocket; the substance was tested and found to be fentanyl. The State filed a new complaint (distinct from the pending DUI citation) charging White with possession of fentanyl, DUI, and possession of drug paraphernalia. An arrest warrant was issued, and bond was set. White was arrested on the warrant during a traffic stop. In the course of the arrest, the officers discovered a metal spoon with burnt residue in White’s pocket. Subsequent testing indicated the presence of heroin and methamphetamine on the spoon. White was charged with possession of heroin, possession of methamphetamine, possession of drug paraphernalia, and a persistent violator sentencing enhancement. Meanwhile, in the first criminal case, the district court dismissed the possession of fentanyl and paraphernalia charges pursuant to Idaho Code § 37- 2739C(2), which precludes prosecution of certain drug offenses if the evidence supporting the charge was obtained as the result of a medical emergency. The remaining charge, misdemeanor DUI, was remanded to the magistrate court. In the second case, following a trial, White was convicted of possession of heroin, drug paraphernalia, and of being a persistent violator; the jury acquitted White on the possession of methamphetamine charge. The sentence was affirmed on appeal. State v. White, Docket No. 49109 (Ct. App. Aug. 2, 2022) (unpublished). White then filed a pro se petition for post-convicti