Robby Joe Mowrey appeals the denial of a motion, under I.C. § 19-2604(2), to reduce his conviction from a felony to a misdemean- or. Specifically, he contends that the exclusion from the provision of persons convicted of certain sex offenses against children constitutes a denial of equal protection of the laws in violation of the United States and Idaho constitutions.
I.
BACKGROUND AND PROCEDURAL HISTORY
Mowrey was originally charged with rape, but ultimately entered a plea of guilty to an
II.
DISCUSSION
I.C. § 19-2604(3) states that “[s]ubsection 2 of this section shall not apply to any judgment of conviction for a violation of the provisions of sections 18-1506 [dealing with sexual abuse of a child under age sixteen], 18-1507 [dealing with sexual exploitation of a child] or 18-1508 [dealing with lewd conduct with a minor under age sixteen], Idaho Code.” On appeal, Mowrey points to the fact that persons convicted of some sex offenses against children cannot seek the benefits of § 19-2604(2), while persons convicted of other types of sex offenses against children are not so excluded. Thus, according to Mowrey, similarly situated individuals are not afforded equal protection of the laws in violation of both the federal and state constitutions.
Error will not be presumed on appeal, but must be affirmatively shown in the record. The appellant has the burden of providing an adequate record on appeal from which the Court can conduct an intelligent review of a trial court’s decision. E.g., Farmers National Bank v. Shirey,
