State v. Yakovac

Decision Date13 February 2008
Docket NumberNo. 34171.,34171.
PartiesSTATE of Idaho, Plaintiff-Respondent, v. Shami YAKOVAC, Defendant-Appellant. Shami Yakovac, Petitioner-Appellant, v. State of Idaho, Respondent.
CourtIdaho Supreme Court

Stephen A. Meikle, Idaho Falls, argued for appellant.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Ralph R. Blount, Deputy Attorney General argued.

BURDICK, Justice.

Both Appellant Shami L. Yakovac and the State petitioned for review of the Idaho Court of Appeals' decision affirming Yakovac's judgment of conviction for possession of a controlled substance, and affirming in part, reversing in part and remanding the order summarily dismissing her application for post-conviction relief. We affirm Yakovac's conviction and affirm the district court's order dismissing her petition for post-conviction relief.

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant Shami L. Yakovac was convicted of possession of methamphetamine after a jury trial in Bannock County.1 The charges stemmed from an incident on February 20, 2004, when police officers responded to a report of a physical confrontation. After they arrived, Yakovac waved them down from a pickup truck she was driving. Yakovac had a cut above her forehead and blood on her face. She told the officers that she had gone to Camille Mikelson's home to retrieve her cell phone and that Mikelson hit her with a slotted spoon. The officers checked Yakovac's identity through dispatch and learned that Yakovac had two outstanding warrants for her arrest. They took her into custody, and one officer transported Yakovac to the hospital for treatment. While there, Yakovac's probation officer requested a urinalysis; this test revealed the presence of cocaine, marijuana and methamphetamine. Meanwhile, the other officer remained at the scene and searched Yakovac's truck. In the pocket of Yakovac's coat, located on the front seat, the officer found a cigarette package containing a small spatula and a glass pipe with burnt, white residue. The forensic laboratory subsequently determined the residue in the pipe was methamphetamine. Yakovac was charged with possession of methamphetamine, pursuant to I.C. § 37-2732(c)(1).

Prior to the trial, Yakovac's counsel filed a motion to suppress the results of the urinalysis as to the cocaine and marijuana, but did not object to the mention of methamphetamine. At trial, the district court ruled that the entire urinalysis results were admissible through the testimony of the doctor who administered the test. The parties then stipulated to the admission of the positive results for methamphetamine. Also at trial, the prosecutor questioned both police officers about Yakovac's arrest, and they mentioned the two outstanding arrest warrants. On cross, Yakovac's counsel questioned one officer about the warrants. Additionally, Yakovac's counsel questioned the police officers about the appearance of blood on Yakovac's coat, but did not introduce the coat into evidence. Yakovac's trial counsel also questioned the forensic scientist about not fingerprinting the pipe, but counsel did not seek to have the pipe found in Yakovac's coat fingerprinted.

After her conviction, Yakovac filed an appeal from the judgment challenging the admission of the urinalysis results and asserting that certain comments by the judge regarding the stipulation to the admission of the urinalysis and his drug court duties were prejudicial.

After trial, Yakovac also filed a complaint for post-conviction relief. She asserted that her trial counsel was ineffective for failing to object to the introduction of her outstanding warrants and the urinalysis results, for failing to have the pipe fingerprinted and for failing to introduce the coat found in her truck. The district court filed a notice of intent to dismiss, noting that trial counsel's performance had not fallen below a reasonable standard and Yakovac was not prejudiced by any allegedly deficient conduct. Yakovac responded, and the district court summarily dismissed her petition. Yakovac appealed the dismissal of her petition.

Yakovac's appeals were consolidated. The Court of Appeals affirmed in part, reversed in part and remanded the order summarily dismissing her application for post-conviction relief and affirmed Yakovac's judgment of conviction on direct appeal. State v. Yakovac, 2006 WL 3113540 (Ct.App. 2006). Both Yakovac and the State petitioned for review of that decision; this Court granted those petitions.

II. STANDARD OF REVIEW

"When considering a case on review from the Court of Appeals, this Court gives serious consideration of the views of the Court of Appeals; however, this Court reviews the trial court's decisions directly." State v. Coassolo, 136 Idaho 138, 140, 30 P.3d 293, 295 (2001) (citations omitted).

III. ANALYSIS

This case presents issues on direct appeal from the criminal proceeding and issues on appeal from the post-conviction relief action. We will address first the issues raised on direct appeal before turning to the issues raised in Yakovac's petition for post-conviction relief.

A. Direct Appeal

In her direct appeal, Yakovac argues that her conviction should be reversed because the district court committed errors during trial and because her trial counsel provided ineffective assistance during the trial. We will address each in turn.

1. Trial Court Errors

Yakovac argues that the district court erred in two different ways; first, that it informed the jurors they could "write down" that the parties stipulated to methamphetamine being found in Yakovac's urinalysis and that it informed the jury of its drug court obligations. These comments, she argues, were prejudicial. Second, Yakovac argues that the trial court erred in allowing the results of the urinalysis to be admitted as they were not relevant evidence. We will turn first to the court's comments and then to the urinalysis.

a. Comments

Yakovac argues that the district court's two comments to the jury were fundamental, prejudicial error. The State contends that this Court should refrain from reaching the merits of Yakovac's argument because the comments were not fundamental error and the judge's comments were not prejudicial.

At trial, Yakovac and the State stipulated to methamphetamine being found in Yakovac's urinalysis results. After this stipulation, the judge informed the jury:

All right. Ladies and gentlemen, you may be seated. I think you'll be happy that I took that little break right then because we went through the objections and/or questions that we might have had, and you may write down that the parties have now stipulated that methamphetamine was found in the urine test that was taken at the hospital.

The parties have stipulated that methamphetamine was found in defendant's urine test that was taken at the hospital. At that point, we don't need to call Dr. Minister and we'll proceed with other witnesses.

Yakovac did not object to this comment to the jury. Later during trial, the district court dismissed the jury for the day, telling it:

Ladies and gentlemen, I have at three o'clock a drug court to conduct. First of all, I take — I have a little session for a couple hours to discuss each one of the drug court participants, how they're doing and whether they're doing any good or not, whether we're going in the right direction. And then I have drug court and we'll be here until about 8 or 9 tonight trying to take care of that matter. So I always try to end here so that I can do that and then we can start early in the morning.

Yakovac also did not object to this comment to the jury.

"Remarks or comments by a trial judge which would tend to prejudice either of the parties to a jury trial are proscribed because of the great possibility that such an expression will influence the jurors." State v. White, 97 Idaho 708, 711, 551 P.2d 1344, 1347 (1976). Prejudicial remarks are those that constitute a comment on the weight of the evidence. Id. at 712, 551 P.2d at 1348. When a party fails to object at trial, that issue is normally waived on appeal. State v. Haggard, 94 Idaho 249, 251, 486 P.2d 260, 262 (1971). However, the Court will review fundamental errors on appeal. State v. Lovelace, 140 Idaho 53, 63, 90 P.3d 278, 288 (2003). Therefore, the Court must first determine if an error is fundamental — whether it "goes to the foundation or basis of a defendant's rights." Id. (internal quotations and citations omitted).

Here, Yakovac has failed to show that the comments on the stipulation or the comments about drug court were fundamental error. Neither comment deprived Yakovac of due process of law or violated a fundamental right. Therefore, we hold that Yakovac has failed to show fundamental error and refrain from reaching the substance of her arguments.

b. Urinalysis

Prior to trial, Yakovac made a motion in limine pursuant to I.R.E. 402, 403 and 404 to suppress the positive urinalysis results for cocaine and marijuana, but not methamphetamine. At trial, the district court incorrectly ruled that all of the results were admissible, and Yakovac stipulated to the positive results for methamphetamine so that the State's witness did not testify to all three substances being found. She now argues that the district court improperly admitted the positive results of her urinalysis test as to the methamphetamine.

This Court "will not review a trial court's alleged error on appeal unless the record discloses an adverse ruling which forms the basis for the assignment of error." Mallonee v. State, 139 Idaho 615, 622-23, 84 P.3d 551, 558-59 (2004) (quoting State v. Fisher, 123 Idaho 481, 485, 849 P.2d 942, 946 (1993)) (internal quotations omitted). Yakovac never objected to the positive result for methamphetamine being admitted, either in a motion in limine or at trial. She objected only to the positive results for cocaine and marijuana. Although...

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