Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Youmans

Court of Appeals of Idaho

October 24, 2016

STATE OF IDAHO, Plaintiff-Respondent,
v.
LDONNA MARIE YOUMANS, Defendant-Appellant, and TAMERA KELLY, Ada County Chief Deputy Prosecuting Attorney, Intervenor-Respondent.

         2016 Opinion No. 67

         Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Thomas F. Neville, District Judge.

         Judgment of conviction and sentences for burglary, attempted burglary, and possession of a controlled substance, affirmed; order granting motion to supplement record, vacated.

          Eric D. Fredericksen, Interim State Appellate Public Defender; Boise, for appellant.

          Hon. Lawrence G. Wasden, Attorney General; Russell J. Spencer, Deputy Attorney General, Boise, for respondent.

          Jan M. Bennetts, Ada County Prosecuting Attorney; James K. Dickinson, Senior Deputy, Boise, for intervenor.

          GRATTON, Judge

         Ldonna 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 jurisdiction.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         Over a 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.

         After 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.

         Following trial, a jury found Youmans guilty of burglary, attempted burglary, and misdemeanor possession of a controlled substance.[1] 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.

         Youmans 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. Youmans appeals.

         II.

         ANALYSIS

         Youmans 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.