Opinion No. 67
from the District Court of the Fourth Judicial District,
State of Idaho, Ada County. Hon. Thomas F. Neville, District
of conviction and sentences for burglary, attempted burglary,
and possession of a controlled substance, affirmed; order
granting motion to supplement record, vacated.
D. Fredericksen, Interim State Appellate Public Defender;
Boise, for appellant.
Lawrence G. Wasden, Attorney General; Russell J. Spencer,
Deputy Attorney General, Boise, for respondent.
Bennetts, Ada County Prosecuting Attorney; James K.
Dickinson, Senior Deputy, Boise, for intervenor.
Marie Youmans appeals from her judgment of conviction after a
jury found her guilty of burglary, attempted burglary, and
misdemeanor possession of a controlled substance.
Specifically, Youmans argues: (1) the district court erred by
admitting certain testimony into evidence; (2) there was
insufficient evidence to support her conviction of possession
of a controlled substance; (3) the district court imposed an
excessive sentence; and (4) the district court was without
jurisdiction to supplement the record and to make factual
findings after Youmans filed a timely notice of appeal. We
affirm the judgments of conviction and sentences. We vacate
the district court's order granting the motion to
supplement the record for lack of subject matter
AND PROCEDURAL BACKGROUND
span of two months, Youmans was captured six separate times
on surveillance video wearing nursing scrubs and entering the
Garden Plaza of Valley View retirement facility. Youmans had
previously been employed as a visiting nurse at the
retirement facility. Each time she entered the facility
between 11:20 a.m. and 11:30 a.m., when the majority of
residents were at lunch. Youmans ultimately entered at least
seven apartments and attempted to enter an additional eleven.
Following Youmans' entry into their apartments, residents
reported missing prescription medications, including
hydrocodone. Management at the retirement facility contacted
local law enforcement.
viewing the surveillance footage and interviewing one of the
victims, Det. Paporello met with Youmans. Youmans
acknowledged that she had been at the facility and claimed
she was there to visit former clients. However, she did not
know the names of the individuals into whose rooms she had
entered. Youmans was subsequently arrested and during her
booking at the jail, officers discovered seventeen loose
prescription pills at the bottom of her purse. Det. Paporello
later identified the prescription pills as hydrocodone.
trial, a jury found Youmans guilty of burglary, attempted
burglary, and misdemeanor possession of a controlled
substance. The district court entered judgment
against Youmans and imposed concurrent unified sentences of
ten years with three years determinate on the burglary
conviction, five years with three years determinate on the
attempted burglary conviction, and retained jurisdiction.
After the period of retained jurisdiction, the district court
suspended Youmans' sentences and placed her on probation
for a period of ten years.
timely filed a notice of appeal prior to the expiration of
the retained jurisdiction period. In the notice of appeal and
amended notice of appeal Youmans identified, as a potential
appellate issue, a claim of prosecutorial misconduct for
failing to turn over the computer hard drive. At the time of
the retained jurisdiction hearing, the State requested the
opportunity to clarify the record regarding the claim.
Ultimately, the district court determined that it had
jurisdiction to supplement the record, allowed the filing of
evidence relating to the claim, heard argument and entered
factual findings, and concluded that no misconduct occurred.
claims: (1) the district court erred by admitting the
officer's testimony as to the identity of the pills found
in her purse; (2) there was insufficient evidence to support
her conviction of possession of a controlled substance; (3)
the district court imposed an excessive sentence; and (4) the
district court was without jurisdiction to ...