Opinion No. 24
decision is not final until exception of the 21 day petition
for rehearing period. Pursuant to rule 118 of the Idaho
from the District Court of the Sixth Judicial District, State
of Idaho, Bannock County. Hon. David C. Nye, District Judge.
partially denying restitution, reversed and case remanded.
Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen,
Deputy Attorney General, Boise, for appellant.
Thomas, State Appellate Public Defender; Brian R. Dickson,
Deputy Appellate Public Defender, Boise, for respondent.
State appeals from the district court's order partially
denying restitution. For the reasons set forth below, we
reverse and remand.
AND PROCEDURAL BACKGROUND
State charged Cameron David Harer with possession with intent
to deliver a controlled substance, Idaho Code §
37-2732(a), and possession of a controlled substance, I.C.
§ 37-2732(c), with a second-offense enhancement, I.C.
§ 37-2739. Harer pled guilty to possession with intent
to deliver, and the State dismissed the possession charge and
the second-offense enhancement. At Harer's sentencing
hearing the State moved, pursuant to I.C. § 37-2732(k),
for $410 in restitution: $200 for lab costs and $210 for the
prosecutor's time spent prosecuting both charges. ...