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State of Idaho v. Rosemary Pearl Dycus

February 25, 2013

STATE OF IDAHO, PLAINTIFF-RESPONDENT,
v.
ROSEMARY PEARL DYCUS,
DEFENDANT-APPELLANT.



Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bonneville County. Hon. Joel E. Tingey, District Judge. Hon. Penny J. Stanford and Stephen J. Clark, Magistrates.

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

2013 Opinion No. 14

Stephen W. Kenyon, Clerk

Order of the district court, on intermediate appeal from the magistrate division, affirming judgment of conviction for possession of drug paraphernalia, affirmed.

Rosemary Pearl Dycus appeals from the district court's order, on intermediate appeal, affirming her judgment of conviction for possession of drug paraphernalia. Specifically, Dycus challenges the magistrate's denial of her motion to suppress. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

In October 2010, an officer familiar with Dycus observed her driving down the street. Due to previous contacts, the officer knew Dycus had a suspended driver's license. While the officer requested confirmation of this through dispatch, Dycus pulled into a convenience store parking lot and went inside. The officer pulled into the parking lot as well and waited for confirmation of Dycus's driving status from dispatch. Once dispatch confirmed that Dycus had a suspended license, the officer went inside to arrest Dycus for driving without a license. Inside, a store clerk directed the officer to the restroom, stating a person matching Dycus's description was inside. The officer knocked on the locked restroom door and requested that Dycus come out. Dycus indicated she would in one moment. However, Dycus did not open the door. At this point, the officer returned to the clerk and obtained the key to the restroom. As the officer opened the restroom door, Dycus attempted to push the door shut. The officer eventually made his way inside and arrested Dycus. After the arrest, the officer searched a jacket on the floor of the restroom and discovered a marijuana pipe in the jacket. The state charged Dycus with driving without privileges, I.C. § 18-8001, and possession of drug paraphernalia, I.C. § 37- 2734A(1). Dycus filed a motion to suppress, claiming the entry into the restroom and search of the jacket was unlawful. The magistrate denied the motion. Dycus entered a conditional guilty plea, reserving her right to challenge the ruling from the suppression motion on appeal. The state agreed to dismiss the driving without privileges charge. The magistrate imposed a suspended jail sentence and placed Dycus on probation for two years. Dycus appealed to the district court, which affirmed. Dycus again appeals.

II.

STANDARD OF REVIEW

On review of a decision of the district court, rendered in its appellate capacity, we review the decision of the district court directly. State v. DeWitt, 145 Idaho 709, 711, 184 P.3d 215, 217 (Ct. App. 2008). We examine the magistrate record to determine whether there is substantial and competent evidence to support the magistrate's findings of fact and whether the magistrate's conclusions of law follow from those findings. Id. If those findings are so supported and the conclusions follow therefrom and if the district court affirmed the magistrate's decision, we affirm the district court's decision as a matter of procedure. Id.

The standard of review of a suppression motion is bifurcated. When a decision on a motion to suppress is challenged, we accept the trial court's findings of fact that are supported by substantial evidence, but we freely review the application of constitutional principles to the facts as found. State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct. App. 1996). At a suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts, weigh evidence, and draw factual inferences is vested in the trial court. State v. Valdez-Molina, 127 Idaho 102, 106, 897 P.2d 993, 997 (1995); State v. Schevers, 132 Idaho 786, 789, 979 P.2d 659, 662 (Ct. App. 1999).

III.

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