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IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 35093 STATE OF IDAHO, Plaintiff-Respondent, v. ERIC HAROLD EWELL, Defendant-Appellant. ) ) ) ) ) ) ) ) ) )

2009 Opinion No. 4 Filed: January 13, 2009 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge. Judgment of conviction for possession of sexually exploitative material with an enhancement for being a repeat sexual offender, affirmed. Van G. Bishop, Nampa, for appellant. Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy Attorney General, Boise, for respondent. ______________________________________________ PERRY, Judge Eric Harold Ewell appeals from his judgment of conviction for possession of sexually exploitative material with a sentence enhancement for being a repeat sexual offender. Specifically, Ewell challenges the denial of his two motions to dismiss the enhancement. For the reasons set forth below, we affirm. I. FACTS AND PROCEDURE Police found numerous sexually-explicit pictures of minors on a computer to which Ewell had access. One of the pictures was used by Ewell in a profile for an internet chat room. Ewell was arrested and charged with six counts of possession of sexually exploitative material, I.C.

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Idaho Law