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State v. Harer

Court of Appeals of Idaho

March 25, 2016

STATE OF IDAHO, Plaintiff-Appellant,
v.
CAMERON DAVID HARER, Defendant-Respondent

         2016 Opinion No. 24

         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 Sixth Judicial District, State of Idaho, Bannock County. Hon. David C. Nye, District Judge.

          Order partially denying restitution, reversed and case remanded.

         Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for appellant.

         Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for respondent.

          OPINION

Page 317

          GRATTON, Judge

         The State appeals from the district court's order partially denying restitution. For the reasons set forth below, we reverse and remand.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         The 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. ...


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