State v. Mangum

• Decision Date: 28 September 2012
• Docket Number: No. 38294.,38294.
• Court: Idaho Court of Appeals
• Parties: STATE of Idaho, Plaintiff–Respondent, v. Roderick Rainger MANGUM, Defendant–Appellant.

153 Idaho 705

291 P.3d 44

STATE of Idaho, Plaintiff–Respondent,

v.Roderick Rainger MANGUM, Defendant–Appellant.

No. 38294.

Court of Appeals of Idaho.

Sept. 28, 2012.

Review Denied Jan. 8, 2013.

Sara B. Thomas, State Appellate Public Defender; Eric D. Fredericksen, Deputy Appellate Public Defender, Boise, for appellant. Eric D. Fredericksen argued.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent. Mark W. Olson argued.

SCHWARTZMAN, Judge Pro Tem.

Roderick Rainger Mangum appeals from his judgment of conviction entered upon his conditional guilty plea to forgery of a financial transaction card. For the reasons set forth below, we affirm.

I.FACTS AND PROCEDURE

In late 2008, investigators with the Idaho State Lottery Commission suspected Mangum of fraudulently purchasing lottery tickets with stolen credit cards. In the course of an investigation, they learned Mangum had an outstanding warrant for his arrest in California. The United States Marshals Service became involved due to the California warrant, and on November 10, 2008, the Lottery Commission's Deputy Director of the Enforcement Division, Amber French, and several deputies with the Marshals Service went to a Boise apartment address where it was believed Mangum was residing. In a common area of the apartment complex, Chief Deputy U.S. Marshal Kevin Platts (Deputy Platts) made initial contact with a man believed to be Mangum, while French and her investigator proceeded to Mangum's apartment. Upon approaching Mangum, Deputy Platts identified himself as a U.S. Marshal and utilizing a technique to entice suspects into admitting their true identity and make them less likely to resist arrest, asked Mangum if his name was "Derrick." Mangum denied being "Derrick" and stated his name was "Rod Mangum." Deputy Platts asked Mangum for identification, to which Mangum replied, in some formulation, "Let's go back to my apartment and get my license. It's in my wallet." Mangum led the officers back to his apartment, continuing to deny he was the person Deputy Platts was looking for. When they reached Mangum's apartment, they found French and her investigator at the door, which was open, and a cable television employee inside the residence. Mangum's wallet was retrieved and his identification produced.¹ After confirming Mangum's identity, Deputy Platts arrested Mangum on the California warrant. While inside the residence, officers observed numerous receipts, gift cards and bank information lying on the kitchen table and, based on this evidence, obtained a warrant to search the remainder of the apartment. In executing the warrant, officers discovered approximately seventy-five stolen credit card numbers and other incriminating evidence.

Mangum was transported to California while Idaho authorities continued to investigate his Idaho crimes. On January 12, 2009, while Mangum was being held in the Orange County jail awaiting trial on his California charges, the State of Idaho charged him by criminal complaint with two counts of grand theft by unauthorized control, Idaho Code §§ 18–2403(3), 18–2407(1)(b). The district court issued an arrest warrant, which the Ada County Prosecutor's Office faxed to the Orange County Sheriff's Office on June 7, 2009. While still housed in the Orange County jail, Mangum became aware of the pending Idaho charges and arrest warrant. Commencing on June 8, he began sending letters to the Ada County Prosecutor's Office, the Ada County district court and Orange County jail staff, giving them notice of his whereabouts and requesting transport to Idaho and final disposition of his Idaho charges pursuant to the Interstate Agreement on Detainers (IAD), codified in Idaho as Idaho Code §§ 19–5001 et seq.²

Mangum pled guilty to three felonies in California and was sentenced on June 30, 2009. On July 22, he was transferred from jail to a California State prison to serve his sentence. On October 19, he was transferred to another California State correctional facility. While in prison, Mangum continued to send letters to the Ada County Prosecutor's Office and district court, as well as inmate communications to California correctional officials, requesting transport to Idaho. In August 2009, California prison officials informed Mangum his request to invoke the IAD was premature because Idaho had not yet placed a detainer on him, a requirement under the statute. On October 19, the Ada County district court conducted a status hearing on the matter, during which an Ada County deputy prosecutor indicated he had been in contact with the California Department of Corrections regarding Mangum's requests to be transported to Idaho and anticipated receiving the requisite forms from California to complete the IAD process within the next few weeks. On October 23, California corrections officials generated a "detainer summary" acknowledging receipt of an Idaho detainer. As a result, Mangum was placed in administrative segregation.

On December 16, 2009, the California Department of Corrections prepared and executed the relevant IAD forms and forwarded them, along with Mangum's request, to the Ada County Prosecutor's Office and district court, who received them on December 28. Mangum was transported to Idaho, and he was arraigned on February 5, 2010. A preliminary hearing scheduled for February 19 was postponed due to the need to appoint new counsel for Mangum. On March 4, the State filed an amended complaint, charging Mangum with one count of forgery of a financial transaction card, I.C. § 18–3123 ; three counts of criminal possession of a financial card, I.C. §§ 18–3125(3), 18–204 ; and one count of misappropriation of personal identifying information, I.C. §§ 18–3126, 18–3128, 18–204. A jury trial was scheduled for May 12, 2010.

During a March 16, 2010, hearing Mangum indicated his intention to file a motion to dismiss based on a violation of the IAD requirement that he be tried within 180 days of filing the requisite request and a motion to suppress evidence found during the search of his apartment. The district court rescheduled the jury trial for August to accommodate these motions. On April 27, Mangum filed a motion to dismiss the criminal information, arguing the State violated the IAD by failing to bring him to trial within 180 days of his request under the statute. Mangum also filed a motion to suppress evidence law enforcement officers found in his apartment following execution of the search warrant, contending there was no lawful basis for the officers' initial entry, during which they observed evidence that later formed the basis of the search warrant. Prior to the district court's rulings on his motions, Mangum entered a conditional guilty plea to one count of forgery of a financial transaction card, preserving his right to appeal if the district court denied either motion. Following a hearing on each motion, the district court denied both motions. The district court entered a judgment of conviction and imposed a unified sentence of fourteen years, with five years determinate. Mangum now appeals the denials of his motion to dismiss and motion to suppress.

II.ANALYSIS

A. Motion to Dismiss

Mangum claims the district court erred in denying his motion to dismiss based on the State's alleged failure to comply with the 180–day trial provision pursuant to the IAD. This Court exercises free review over the application and construction of statutes. State v. Reyes, 139 Idaho 502, 505, 80 P.3d 1103, 1106 (Ct.App.2003). Where the language of a statute is plain and unambiguous, this Court must give effect to the statute as written, without engaging in statutory construction.

State v. Burnight, 132 Idaho 654, 659, 978 P.2d 214, 219 (1999) ; State v. Escobar, 134 Idaho 387, 389, 3 P.3d 65, 67 (Ct.App.2000). The language of the statute is to be given its plain, obvious, and rational meaning. Burnight, 132 Idaho at 659, 978 P.2d at 219. If the language is clear and unambiguous, there is no occasion for the court to resort to legislative history or rules of statutory interpretation. Escobar, 134 Idaho at 389, 3 P.3d at 67. When this Court must engage in statutory construction because an ambiguity exists, it has the duty to ascertain the legislative intent and give effect to that intent. State v. Beard, 135 Idaho 641, 646, 22 P.3d 116, 121 (Ct.App.2001). To ascertain such intent, not only must the literal words of the statute be examined, but also the context of those words, the public policy behind the statute, and its legislative history. Id. Although a State must adopt the IAD by statute to be a party to the agreement, the United States Supreme Court has held the agreement's interpretation presents a question of federal law. State v. Breen, 126 Idaho 305, 307 n. 2, 882 P.2d 472, 474 n. 2 (Ct.App.1994) (citing Cuyler v. Adams, 449 U.S. 433, 442, 101 S.Ct. 703, 708–09, 66 L.Ed.2d 641, 650 (1981) ). Therefore, we give particular attention to federal court decisions interpreting the IAD. Id.

The IAD, codified in Idaho as Idaho Code §§ 19–5001 et seq. , is an interstate compact authorized by Congress to provide a cooperative agreement between party States on detainers. I.C. § 19–5001(a) ; Breen, 126 Idaho at 306, 882 P.2d at 473. It establishes procedures for the transfer of a prisoner incarcerated in one State to temporary custody in a second State for disposition of charges pending there and allows a prisoner to compel adjudication of those pending criminal charges. I.C. § 19–5001(c)(1) ; Breen, 126 Idaho at 306, 882 P.2d at 473. Its purpose is to address concerns that untried charges pending in other jurisdictions and difficulties in securing a speedy trial "produce uncertainties which obstruct programs of prisoner treatment and rehabilitation." I.C. § 19–5001(a). The IAD procedures apply only to prisoners who have been convicted and sentenced, and are currently serving time in a penal or correctional institution of a party State. I.C. §...