2013 Unpublished Opinion No. 786
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Cheri C. Copsey, District Judge.
Judgment of conviction and sentence for possession of a controlled substance, affirmed.
Nevin, Benjamin, McKay & Bartlett LLP; Dennis A. Benjamin, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Daphne J. Huang, Deputy Attorney General, Boise, for respondent.
Christina Alicia Bolan appeals from her judgment of conviction and sentence for possession of a controlled substance, Idaho Code § 37-2732(c). We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Officers executed a search warrant at Bolan's residence finding methamphetamine, amphetamine, and marijuana. Pursuant to a plea agreement, Bolan was to plead guilty to possession of a controlled substance, methamphetamine. The first attempt to accept Bolan's guilty plea was unsuccessful; because of Bolan's demeanor, the district court requested a drug test, which came back positive for methamphetamine and the court rescheduled the hearing. The following week, the district court accepted Bolan's guilty plea and ordered a substance abuse evaluation as part of the presentence investigation. At sentencing, the district court indicated it carefully read and reviewed the presentence investigation report (PSI), which included multiple references to Bolan's traumatic childhood and her mental health.
Before the district court sentenced Bolan, the parties were asked if any other evaluation or investigation was necessary. The State and Bolan's counsel responded, "No." Bolan was sentenced to a unified term of six years, with two years determinate. The district court also retained jurisdiction and recommended that while serving her rider, Bolan participate in the Correctional Alternative Placement Program (CAPP).
While on her rider, Bolan was removed from multiple programs because she copied other inmates' assignments and she also failed the relapse prevention course. At the rider review hearing, Bolan requested to be placed in drug court and asked the district court not to execute her sentence. The district court emphasized Bolan's dishonesty in the rider program and executed her sentence.
Bolan alleges the district court erred in failing to order a psychological evaluation pursuant to I.C. § 19-2522; however, she failed to object at sentencing. The Idaho Supreme Court recently held "that all claims of unobjected-to error in criminal cases are now subject to the fundamental error test set forth in Perry [150 Idaho 209, 226, 245 P.3d 961, 978 (2010)]." State v. Carter, 155 Idaho 170, 173, 307 P.3d 187, 190 (2013). Under Perry the defendant must show that the alleged error: (1) violates one or more of the defendant's unwaived constitutional rights; (2) is clear or obvious without the need for reference to any ...