Opinion No. 19
from the District Court of the Fourth Judicial District,
State of Idaho, Ada County. Hon. Lynn G. Norton, District
court award of restitution, vacated and remanded.
D. Fredericksen, State Appellate Public Defender, Boise, for
appellant. Brian R. Dickson, Deputy State Appellate Public
Lawrence G. Wasden, Idaho Attorney General, Boise, for
respondent. Kenneth K. Jorgensen argued.
BURDICK, Chief Justice
Cunningham appeals the Ada County district court's award
of restitution entered under Idaho Code section 37-2732(k).
The Idaho Court of Appeals vacated the restitution award, and
we granted the State's timely petition for review.
Because we conclude the State failed to support its request
for restitution with sufficient evidence, we vacate and
FACTUAL AND PROCEDURAL BACKGROUND
September 2014, a jury convicted Cunningham of possession of
a controlled substance. The district court imposed a unified
sentence of five years, with one-and-one-half years fixed. On
October 23, 2014, the district court held a restitution
hearing, where the State sought to recoup its prosecution
costs under Idaho Code section 37-2732(k). The State
requested $2, 240, which reflects 16 hours of work billed at
$140 per hour. The State submitted an unsworn written
statement, entitled "Statement of Costs and Request for
Restitution in a Drug Case" (Statement of Costs), as
evidence of its prosecution costs. Cunningham argued the hourly rate was
unreasonable and unsupported by the evidence, but he offered
no evidence or further arguments on his behalf. The district
court awarded the State its requested prosecution costs, plus
$100 "for lab fees under the Drug Donation Act."
The award totaled $2, 340.
appealed, and the Idaho Court of Appeals vacated the award
and remanded for further consistent proceedings. The Court of
Appeals held that insufficient evidence supported the award
because it was based only on the State's unsworn
Statement of Costs. We granted the State's timely
petition for review.
STANDARD OF REVIEW
addressing a petition for review, this Court will give
"serious consideration to the views of the Court of
Appeals, but directly reviews the decision of the lower
court." State v. Schall, 157 Idaho 488, 491,
337 P.3d 647, 650 (2014).
appeal brings to light Idaho Code section 37-2732(k). That
statute permits the State to recoup its prosecution costs ...