2013 Unpublished Opinion No. 679
Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Bradly S. Ford, District Judge.
Judgment of conviction for felony possession of a controlled substance and possession of drug paraphernalia
Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant. Spencer J. Hahn argued.
Hon. Lawrence G. Wasden, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent. John C. McKinney argued.
Tesha Jowane Sunday appeals from her judgment of conviction for felony possession of a controlled substance, Idaho Code § 37-2732(c)(1), and possession of drug paraphernalia, I.C. § 37-2734A(1). We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Pursuant to a search warrant, the Caldwell Police Department searched the residence where Sunday was staying. Four to six individuals were in the residence during execution of the warrant including Sunday, who was in the living room. Sunday told an officer that she was staying in the master bedroom and that she had personal belongings in that room.
A search of the master bedroom led to the discovery of methamphetamine, marijuana, and drug paraphernalia. Officers found a cigarette pack containing a baggie of methamphetamine and a pipe with a white powder residue in it. The cigarette pack was on an end table between two camping chairs that were situated next to the bed. Testimony revealed that Sunday smoked cigarettes and that her purse and identification were found on the bed, roughly two feet from where the methamphetamine was found. Officers also found two digital scales, commonly used to measure illegal narcotics, on the end table and Sunday's court documents were found inside a dresser. The marijuana was located on a shelf inside the closet. When the search began, a woman named Bethany was in the master bedroom's bathroom. Bethany admitted to possession of a "meth pipe, " but officers seized multiple pipes during the search and it was unclear which pipe she claimed was hers.
Sunday was charged with possession of methamphetamine, marijuana, and paraphernalia. At trial, the court denied two of Sunday's requested jury instructions relating to constructive possession and the requirement of unity of act and intent. The jury convicted Sunday of possession of methamphetamine and ...