2014 Unpublished Opinion No. 387
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Lynn G. Norton, District Judge.
Judgment of conviction for possession of a controlled substance and possession of paraphernalia,
Sara B. Thomas, State Appellate Public Defender; Spencer J. Hahn, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for respondent.
Jamie Lee Nelson aka Rinehart appeals from her judgment of conviction for possession of a controlled substance (methamphetamine) and possession of paraphernalia. Specifically, Nelson challenges the denial of her motion to suppress and the district court's award of restitution for the costs of prosecution. For the reasons set forth below, we affirm in part, vacate in part, and remand.
I. FACTS AND PROCEDURE
On May 31, 2012, officers conducted a compliance search of Nelson's home. At the time of the search, Nelson's husband was on parole. Four parole officers, accompanied by two police officers and one drug detection canine, arrived at the Nelson home and were let inside by Nelson's husband. Officers located Nelson in the living room and asked her to stay there. Because Nelson's baby was in a bedroom, an officer escorted her to retrieve the baby and bring it with her to the living room. Officers then conducted a search of the residence and discovered a bag of methamphetamine and a child's cup converted into a smoking device in the master bathroom. Officers arrested Nelson's husband and handcuffed him in the living room. Nelson and her husband then began to argue. During this argument, officers asked Nelson questions to which she provided incriminating responses. Officers thereafter found another bag of what appeared to be methamphetamine in a jewelry box in the master bedroom.
The state charged Nelson with possession of a controlled substance (methamphetamine), I.C. § 37-2732(c); possession of paraphernalia, I.C. § 37-2734A; and three counts of injury to a child, I.C. § 18-1501. Nelson filed a motion to suppress the statements she made in response to the officers' questions. Nelson contended the statements were made during custodial interrogation without Miranda warnings. The district court denied the motion. A jury acquitted Nelson of injury to a child but found her guilty of possession of a controlled substance and possession of paraphernalia. The district court sentenced Nelson to a unified term of seven years, with a minimum period of confinement of two years, and retained jurisdiction for possession of a controlled substance. The district court sentenced Nelson to a concurrent term of six months for possession of paraphernalia. The district court also ordered Nelson to pay $2, 535 for the costs of prosecution pursuant to I.C. § 37-2732(k). Nelson appeals.
A. Motion to Suppress
Nelson argues her statements to officers were made in response to interrogation while she was in custody without being provided Miranda warnings. The state concedes the officers' questions constituted interrogation, but asserts ...