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State v. Smith

Court of Appeals of Idaho

November 13, 2017

STATE OF IDAHO, Plaintiff-Respondent,
v.
KASEY A. SMITH, Defendant-Appellant.

         2017 Opinion No. 58

         Appeal from the District Court of the Sixth Judicial District, State of Idaho, Bannock County. Hon. David C. Nye, District Judge.

         Judgment of conviction and sentence for one count of injury to children, affirmed.

          Eric D. Fredericksen, State Appellate Public Defender; Andrea W. Reynolds, Deputy Appellate Public Defender, Boise, for appellant.

          Andrea W. Reynolds argued.

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

          Kenneth K. Jorgensen argued.

          GUTIERREZ, JUDGE.

         Kasey A. Smith pled guilty to one count of injury to children. On appeal, Smith argues that the district court's denial of his motion to suppress should be reversed and his judgment of conviction vacated because his confession was not voluntary. Smith also asks to be resentenced, asserting that the district court erred in finding that he breached his plea agreement. For the following reasons, we affirm.

         I.

         FACTUAL AND PROCEDURAL BACKGROUND

         After receiving a report involving the sexual assault of a minor, an officer from the Pocatello Police Department questioned Smith, the alleged perpetrator. The officer asked Smith to sign a waiver stating that he understood that he did not have to proceed, that he could remain silent, and that he was consenting to a truth verification examination. The waiver included the pertinent portions of the standard Miranda[1] warnings. Smith signed the waiver. During the examination, the officer performed a computer voice stress analysis (CVSA) test on Smith. The test detects stress patterns in a person's responses to questions and then formulates appropriate follow-up questions. Once the test concluded, the officer continued to question a nervous Smith, who confessed to touching the victim.

         The State charged Smith with one count of lewd conduct with a child under sixteen by manual-genital contact. Smith then filed a motion to suppress his confession. After hearing oral arguments and reviewing Smith's brief, the district court denied the motion, concluding that Smith's confession was made knowingly, intelligently, and voluntarily.

         The State and Smith subsequently reached a plea agreement. The plea agreement, in its entirety, reads:

1. The State will amend the charge to Felony Injury to Child.
2. The State will recommend an underlying sentence of 3 and 7.
3. The Defendant will complete a Psycho-sexual evaluation with a full ...

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