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State of Idaho v. Shami Yakovac

November 3, 2006

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
SHAMI YAKOVAC, DEFENDANT-APPELLANT.
SHAMI LYNN YAKOVAC, PETITIONER-APPELLANT,
v.
STATE OF IDAHO, RESPONDENT.



Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. N. Randy Smith, District Judge.

The opinion of the court was delivered by: Perry, Chief Judge

2006 Opinion No. 77

Stephen W. Kenyon, Clerk

Judgment of conviction for possession of a controlled substance, affirmed; order summarily dismissing application for post-conviction relief, affirmed in part, reversed in part, and remanded.

Shami Yakovac appeals from her judgment of conviction for possession of a controlled substance and from an order summarily dismissing her application for post-conviction relief. For the reasons set forth below, we affirm Yakovac's judgment of conviction and affirm in part, reverse in part, and remand the order summarily dismissing her application for post-conviction relief.

I. FACTS AND PROCEDURE

On February 20, 2004, police officers responded to a report of a physical confrontation and, after the officers arrived, Yakovac waved them down from a pickup she was driving. Yakovac had a cut above her forehead, which had bled substantially. The officers soon learned that Yakovac had two outstanding warrants for her arrest. The officers took Yakovac into custody, and an officer transported Yakovac to the hospital for treatment. A urinalysis conducted on Yakovac at the hospital, per the request of her probation officer, indicated the use of methamphetamine, cocaine, and marijuana. Meanwhile, another officer searched the pickup Yakovac had been driving and, in the pocket of Yakovac's jacket lying on the front seat, found a cigarette package containing a small spatula and a glass pipe with a burnt, white residue. The forensic laboratory subsequently determined that the residue in the pipe was methamphetamine, and Yakovac was charged with possession of methamphetamine. I.C. § 37-2732(c)(1).

Prior to trial, Yakovac's counsel filed a motion to suppress the results of her urinalysis that indicated she had used cocaine and marijuana, but did not object to the admission of the positive methamphetamine result. At trial, the district court denied the motion, ruling that all of her urinalysis results were admissible. Yakovac's counsel thereafter stipulated to the admission of the positive result for methamphetamine.

A jury found Yakovac guilty. Yakovac filed an appeal from her judgment of conviction challenging admission of the urinalysis result and prejudicial comments by the district court. Yakovac also filed an application for post-conviction relief asserting ineffective assistance of counsel. The district court summarily dismissed the application for post-conviction relief. Yakovac filed an appeal from the summary dismissal of her application for post-conviction relief. Yakovac's actions have been consolidated for appeal.

II. ANALYSIS

A. Direct Appeal

1. Admission of urinalysis

Yakovac argues that the urinalysis results indicating that she had methamphetamine, cocaine, and marijuana in her body on the date of her arrest were irrelevant and prejudicial in her prosecution for possession of a controlled substance under I.C. § 37-2732(c)(1). Relying on I.R.E. 402, 403, and 404, Yakovac's trial counsel filed a motion to suppress the urinalysis results, but only to the extent that they indicated use of cocaine and marijuana. At trial, the district court ruled that all of the urinalysis results were admissible. Yakovac's counsel thereafter stipulated to the positive result for methamphetamine, and the state's witness did not testify as to the results for cocaine and marijuana.

On appeal, Yakovac first appears to argue that her trial counsel was "forced" to stipulate to the positive methamphetamine result because of the district court's erroneous ruling that all of the results were admissible. However, Yakovac never objected to the relevance of the positive result for methamphetamine in the district court, even in the initial motion to supress, and we therefore need not address whether a party can be "forced" into stipulating to a positive urinalysis result. Additionally, because the positive urinalysis results for cocaine and marijuana were never admitted into evidence before the jury, we need not decide whether the district court erroneously ruled that positive results for those substances were admissible.

Yakovac argues that the positive urinalysis result for methamphetamine should not have been admitted into evidence even though her trial counsel stipulated to it. Because her trial counsel stipulated to it, there is no adverse evidentiary ruling on the admission of the positive urinalysis result for methamphetamine for us to review on appeal. Therefore, we ...


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