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State v. Boehm

Court of Appeals of Idaho

February 25, 2015

STATE OF IDAHO, Plaintiff-Respondent,
v.
ANGELA MARIE BOEHM, Defendant-Appellant

2015 Opinion No. 10

Page 312

Editorial Note:

This decision is not final until exception of the 21 day petition for rehearing period. Pursuant to rule 118 of the Idaho Appellate Rules.

Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. John R. Stegner, District Judge; Hon. Scott Wayman, Magistrate.

Order of the district court affirming magistrate's orders denying motion to sever, motion to withdraw guilty plea, and motion in limine, affirmed.

John Adams, Kootenai County Public Defender; Jay W. Logsdon, Deputy Public Defender, Boise, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for respondent.

KIDWELL, Judge Pro Tem. Chief Judge MELANSON and Judge GRATTON CONCUR.

OPINION

Page 313

KIDWELL, Judge Pro Tem

Angela Marie Boehm was involved in a two-vehicle accident that resulted in her being cited for driving under the influence and driving without privileges. She later entered a conditional guilty plea to driving under the influence and driving without privileges, reserving the right to appeal the denial of certain pretrial motions in the magistrate division. Boehm then moved the magistrate to withdraw her guilty plea, which the magistrate denied, and Boehm appealed to the district court. The district court affirmed. Boehm now appeals from the district court's order affirming the magistrate's decisions. For the reasons that follow, we affirm.

Page 314

I.

FACTS AND PROCEDURE

A Coeur d'Alene Police Department officer was on patrol one night in January 2013 when he came upon a two-vehicle accident involving Boehm and another motorist. The officer observed that Boehm, who was standing outside her car, was on her cell phone and was slurring her words and swaying back and forth while speaking on the phone. When the officer attempted to speak with Boehm, she turned away from him. In addition, the officer smelled the odor of alcohol emanating from Boehm. After the officer directed Boehm to end her phone call, Boehm informed the officer that she had slid through a stop sign and that her car was struck by the other motorist. In response to a question from the officer, Boehm also informed the officer that she had one drink approximately three hours before the crash.

The officer had Boehm perform field sobriety tests, which she failed, and the officer took Boehm into custody. Boehm was then transported to the Kootenai County Public Safety Building for the purpose of conducting breath alcohol tests. There the officer observed Boehm for the required observation period, provided her with the administrative license suspension form, and read a second form to her. After informing the officer that she understood her rights and initialing a document, Boehm provided two breath test samples. The results of the breath tests were alcohol concentrations of 0.192 and 0.183. Subsequently, the officer also learned that Boehm's driver license was suspended in Washington. Boehm was then issued misdemeanor citations for driving under the influence and driving without privileges.

During the pretrial phase in the magistrate division, Boehm filed a motion to sever, a motion in limine to exclude evidence of the breath test results, and a motion to compel the city prosecutor to turn over certain documents. The magistrate denied the motion to sever and motion to compel, and " denied" the motion in limine, explaining that it would defer ruling on that motion until trial. Boehm then entered a conditional guilty plea, preserving her right to appeal the magistrate's decisions on the three motions. Prior to sentencing, the United States Supreme Court released Missouri v. McNeely, __ U.S. __, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013), and Boehm filed a motion to withdraw her conditional guilty plea, asserting that McNeely had impacted Idaho's implied consent statute. The magistrate denied Boehm's motion to withdraw her guilty plea.

Boehm appealed to the district court, challenging the magistrate's denial of the three motions prior to the guilty plea and the denial of the motion to withdraw the guilty plea. Following a hearing, the district court affirmed the magistrate's decisions. Boehm appeals from the district court's order affirming the magistrate's decisions.

II.

STANDARD OF REVIEW

When reviewing the decision of a district court sitting in its appellate capacity, our standard of review is the same as expressed by the Idaho Supreme Court. The Supreme Court reviews 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. State v. Korn, 148 Idaho 413, 415, 224 P.3d 480, 482 (2009). If those findings are so supported and the conclusions following therefrom, and if the district court affirmed the magistrate's decision, we affirm the district court's decision as a matter of procedure. Id. Thus, we do not review the decision of the magistrate. State v. Trusdall, 155 Idaho 965, 968, 318 P.3d 955, 958 (Ct. App. 2014). Rather, we are procedurally bound to affirm or dismiss the decisions of the district court. Id.

III.

ANALYSIS

Boehm contends that the district court erred by affirming the decisions of the magistrate. Specifically, Boehm argues (1) that joinder would have resulted in unfair prejudice at trial, and thus the ...


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