2014 Opinion No. 40
As Amended April 8, 2014.
Appeal from the District Court of the First Judicial District of the State of Idaho, Kootenai County. Hon. Carl B. Kerrick, District Judge.
Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, attorney for Appellant. Lori Anne Fleming argued.
Kootenai County Public Defender's Office, Coeur d'Alene, attorneys for Respondent. Jay Logsdon argued.
SCHROEDER, J. pro tem. Chief Justice BURDICK, Justices EISMANN, J. JONES and HORTON, CONCUR.
[156 Idaho 210] SCHROEDER, J. pro tem
Nature of the Case
The State of Idaho appeals an order of the district court sitting in its intermediate appellate capacity. The magistrate court denied the defendant, Carey Mitchell Baker's (" Baker" ), motion to dismiss eleven counts of violating a civil protection order. The district court ordered Baker's judgments on those counts vacated.
Factual and Procedural Background
Baker married Robyn Shea (" Shea" ) in 2005. They divorced in 2009. On March 4, 2009, Shea sought and obtained a civil protection order against Baker. Between May 26, 2009, and September 17, 2009, Shea received a series of phone messages from Baker in violation of the protection order. Eleven of those phone messages were received by Shea while she was located in Kootenai County, and one of the messages was received by Shea while she was located in Ada County.
On September 10, 2009, the Boise City Attorney, acting on behalf of the City of Meridian filed a misdemeanor complaint against Baker for one count of violating the protection order for the phone message Shea received while in Ada County on August 24, 2009. On December 7, 2009, the Coeur d'Alene City Attorney in Kootenai County filed charges against Baker for twelve counts of violating the protection order for all of the phone messages that Shea received from Baker. Kootenai County also issued an arrest warrant on the same day. Neither the Boise City Attorney nor Baker was aware of the Kootenai County charges until April 2, 2010.
On February 27, 2010, Baker entered into a plea agreement with the Boise City prosecutor. Baker agreed to plead guilty to the single count filed in Ada County in exchange for the promise that " the State" would pursue no other charges against him for violation of the protection order for calls Baker placed to Shea prior to February 17, 2010. At sentencing, the magistrate judge considered all twelve phone messages that Shea received from Baker. This included the messages that were the basis of the charges in Kootenai County. The Boise City Attorney was aware of the phone calls to Kootenai County but unaware charges had been filed. Likewise, the Coeur d'Alene City Attorney
[156 Idaho 211] was not aware of the proceeding in Ada County.
On April 2, 2010, Baker was arrested on the warrant issued in Kootenai County. On October 8, 2010, Baker filed a motion to dismiss the charges in Kootenai County claiming double jeopardy and violation of the plea agreement. On November 5, 2010, the magistrate judge dismissed one count of the charges in Kootenai County because that charge was for the August 24, 2009, phone message to which Baker pled guilty in Ada County. The magistrate judge denied Baker's motion to ...