IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 45942 DARRYL HENDERSON, ) ) Filed: April 14, 2020 Petitioner-Appellant, ) ) Karel A. Lehrman, Clerk v. ) ) THIS IS AN UNPUBLISHED STATE OF IDAHO, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Respondent. ) ) Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Deborah A. Bail, District Judge. Order denying motion to amend petition for post-conviction relief and judgment dismissing petition for post-conviction relief, affirmed. Greg S. Silvey, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kale D. Gans, Deputy Attorney General, Boise, for respondent. ________________________________________________ BRAILSFORD, Judge Darryl Henderson appeals from the district court’s order denying his motion to amend his previously amended petition for post-conviction relief and the judgment dismissing his amended petition for post-conviction relief. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND Henderson’s petition for post-conviction relief relates to three underlying criminal cases. In March 2010, the State filed a complaint charging Henderson with three counts of lewd conduct with a minor child under sixteen and one count of delivery of a controlled substance. I.C. § 18-1508; I.C. § 37-2732(a)(1)(A). Additionally, the State alleged Henderson was a persistent violator of the law. I.C. § 19-2514. These charges related to Henderson, who was forty-six years old at the time, having sex multiple times with a fourteen-year-old runaway and 1 exchanging methamphetamine for sex. In May 2010, the State filed a second complaint charging Henderson with additional counts of possession of methamphetamine and of possession of drug paraphernalia. I.C. § 37-2732(a)(1)(A); I.C. § 37-2734A(3). A day later, the State filed a third complaint charging Henderson with three counts of possession of a forged check. I.C. § 18- 3605. The parties entered into a single plea agreement to resolve all three of these criminal cases. Under this agreement, Henderson agreed to plead guilty to one count of lewd conduct and one count of possession of a forged check. In exchange, the State agreed to drop all other remaining counts in all three criminal cases, including the allegation that Henderson was a persistent violator. Further, the State agreed to recommend concurrent sentences of twenty-five years with five years determinate for lewd conduct and seven years with three years determinate for possession of a forged check. At the sentencing hearing, Henderson admitted to having sexual relations with the victim, and the district court imposed concurrent sentences of twenty- five years with five years determinate for lewd conduct and ten years with three years determinate for possession of a forged check. The district court denied Henderson’s motion challenging his sentences under Idaho Criminal Rule 35, and this Court affirmed the district court’s judgment of conviction and sentences. State v. Henderson, Docket Nos. 38088/38089 (Ct. App. May 12, 2011) (unpublished). In May 2012, Henderson filed a pro se petition for post-conviction relief and his supporting affidavit. In this petition, Henderson alleged numerous claims of ineffective assistance of counsel. In ...
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