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State of Idaho v. Timothy Robert Duane Wilkins

June 22, 2012

STATE OF IDAHO,
PLAINTIFF-RESPONDENT,
v.
TIMOTHY ROBERT DUANE WILKINS,
DEFENDANT-APPELLANT.



Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Lansing L. Haynes, District Judge.

The opinion of the court was delivered by: Gutierrez, Judge

2012 Unpublished Opinion No. 530

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED OPINION AND SHALL NOT BE CITED AS AUTHORITY

Judgment of conviction and unified sentence of ten years, with five years determinate, for possession of a controlled substance and being a persistent violator, affirmed; judgment of conviction for possession of drug paraphernalia, affirmed.

Timothy Robert Duane Wilkins appeals from his judgments of conviction entered upon a jury verdict finding him guilty of possession of a controlled substance and possession of drug paraphernalia and from the district court's finding that he was guilty of being a persistent violator. He also appeals the sentence imposed for the possession of a controlled substance and persistent violator convictions. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Idaho State Police Corporal Sean Lind pulled over a truck that was the subject of a citizen's reckless driving complaint and had been reported as stolen from a local dealership. Wilkins, alone in the vehicle, immediately got out and began walking towards Corporal Lind, who called for backup. Wilkins had no insurance, no vehicle registration, and his driving privileges were suspended. He was placed under arrest for driving without privileges. Corporal Lind, assisted by Idaho State Police Trooper Jesse Spike, performed an inventory search of the vehicle. Trooper Spike noticed a methamphetamine pipe, lighter, and two small baggies containing a substance later identified as methamphetamine in an open compartment in the dashboard of the truck, located between the stereo and glove compartment and easily visible from the driver's seat. When informed of the discovery of methamphetamine and paraphernalia, Wilkins became agitated and denied ownership, accusing Corporal Lind of planting the drugs.

Wilkins was charged with possession of methamphetamine, Idaho Code § 37-2732(c)(1); possession of drug paraphernalia, Idaho Code § 37-2734A; possession of a stolen vehicle, Idaho Code § 49-228; driving without privileges, Idaho Code § 18-8001; failure to provide proof of insurance, Idaho Code § 49-1232; and being a persistent violator, Idaho Code § 19-2514, based on two prior felony possession of a controlled substance convictions. He pled guilty to the driving without privileges and failure to provide proof of insurance charges and the district court denied the State's motion to consolidate the possession of a stolen vehicle charge with the drug charges.*fn1

At trial, Wilkins' friend, Noah Peterson, testified he had been a passenger in Wilkins' vehicle the day before Wilkins was stopped by Corporal Lind. Peterson claimed he mistakenly left the methamphetamine and pipe in the vehicle and testified Wilkins did not know of their presence. The jury found Wilkins guilty of both possession charges and he waived a jury trial with regard to the persistent violator enhancement. The district court found Wilkins was a persistent violator based on Wilkins' two prior felony convictions and imposed a unified sentence of ten years, with five years determinate, for the possession of methamphetamine charge and being a persistent violator. The district court imposed concurrent sentences of 180 days for the driving without privileges and possession of paraphernalia convictions, and a fine for the insurance infraction. Wilkins now appeals his judgments of conviction for the possession charges and being a persistent violator, as well as his unified sentence of ten years, with five years determinate.*fn2

II.

ANALYSIS

Wilkins contends the evidence was insufficient to support his convictions for possession of a controlled substance and paraphernalia because there was insufficient evidence establishing he had knowledge and control of the contraband. He also contends the district court erred in "testifying" as to his persistent violator charge that the court recognized Wilkins from previous proceedings and, therefore, Wilkins contends there was insufficient evidence to support his persistent violator conviction. He further asserts the district court abused ...


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