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State v. Lemmons

Court of Appeals of Idaho

January 13, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
BRYANN KRISTINE LEMMONS, Defendant-Appellant.

         2016 Opinion No. 2

         Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. Randy J. Stoker, District Judge.

         Judgment of conviction and unified fifteen-year sentence with three years determinate for trafficking in methamphetamine, affirmed.

          Nevin, Benjamin, McKay & Bartlett, LLP; Dennis Benjamin, Boise, for appellant.

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

          GRATTON, Chief Judge

         Bryann Kristine Lemmons appeals from her judgment of conviction and unified fifteen-year sentence with three years determinate for trafficking in methamphetamine. Specifically, Lemmons contends that the district court abused its discretion by concluding that it did not have discretion to order mandatory minimum fines as concurrent fines. We affirm.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         A jury found Lemmons guilty of two counts of conspiracy to traffic in methamphetamine, Idaho Code § 37-2732B(b), and two counts of trafficking in methamphetamine, I.C. § 37-2732B(a)(4). Idaho Code Section 37-2732B(a)(4)(A) required the district court to impose a mandatory minimum term of imprisonment of three years determinate and fines of $10, 000 on each count. Idaho Code Section 18-308 gave the court discretion to impose Lemmons' terms of imprisonment concurrently. At sentencing, Lemmons argued the district court also had discretion to impose concurrent fines (i.e., that payment of each dollar by Lemmons for fines on one count would be credited as a dollar payment for fines on each of the other counts[1]). In response, the district court stated:

I can find nothing in the state of Idaho, by statute or case law either, that deals with the issue we have in this case of mandatory fines; therefore, it is my conclusion that I am required, Ms. Lemmons, to impose the mandatory fines in all of these cases in this case.

         The district court sentenced Lemmons to concurrent imprisonment terms of fifteen years with three years determinate for each count. The court fined Lemmons $10, 000 for each count for a total of $40, 000 in fines. The court declined to impose the fines concurrently, stating:

I do not see that I have any discretion to impose other than a $10, 000 fine on each count, and I understand there's an argument there, but when the legislature created mandatory sentences in Idaho and specified a minimum fine, I think that that's exactly what it means, and all these counts stand on their own. I have the authority to run concurrent sentences in ...

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