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State of Idaho v. Corine Pierce

February 17, 2011

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
CORINE PIERCE, DEFENDANT-APPELLANT.



Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. Peter D. McDermott, District Judge.

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

2011 Opinion No. 4

Stephen W. Kenyon, Clerk

Judgment of conviction, affirmed.

Corine Pierce appeals the district court's order granting the State's motion to reinstate felony charges previously dismissed pursuant to a plea agreement.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Pierce was charged with three felonies: one count of battery upon a jailer, Idaho Code §§ 18-903, 18-915(c), and two counts of propelling bodily fluid or waste at certain persons, Idaho Code § 18-915B. These charges arose from her spitting on and biting one jailer and spitting on another jailer while she was being moved into another cell.

On March 2, 2009, Pierce came before the district court for a change of plea hearing. Pierce and the State reached an agreement for the State to dismiss the charges of propelling bodily fluid in exchange for Pierce pleading guilty to felony battery upon a jailer. The State would also recommend a withheld judgment and probation. The district court granted the State's motion to withdraw the charges of propelling bodily fluid and withdrew Pierce's not guilty plea to battery upon the jailer. Before accepting Pierce's guilty plea to battery upon a jailer, the district court engaged in a plea colloquy. When the court asked Pierce if she had attacked or struck the jailer, Pierce replied she could not remember because she had blacked out on prescription medicine, but she must have done so because that is what she had been told. Pierce explained to the district court that officers arrived at her house because her family had called 911 worried that she was overdosing. Pierce acknowledged that "she did act out and was highly agitated, under the influence, and did strike" the jailer. After hearing Pierce's explanation of the events, the court asked the prosecutor:

Court: . Is there any chance you would consider misdemeanor battery on Count One?

[Prosecutor:] Your Honor, the State would be amenable to such a plea, you know, as long as the restitution was met or at least

[inaudible].

Court: To battery?

[Prosecutor:] That's correct, your Honor, ...


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