State v. Tami Marie Southwick
158 Idaho 173
| Idaho Ct. App. | 2014Background
- Southwick stopped for expired registration; vehicle registered to another person, she claimed ownership.
- Officer asked about drugs; Southwick denied marijuana, then denied meth more thoroughly.
- Drug dog alerted on passenger door; a digital scale with meth residue and a baggie of meth were found.
- Southwick admitted she knew the scale was in the vehicle and that she had placed it there.
- She was convicted of possession of methamphetamine; sentencing was six years with a three-year minimum.
- On appeal, Southwick contests insufficient knowledge/control evidence and the lack of a unanimity instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for residue | Southwick argues no knowledge or control shown of residue | State asserts substantial evidence of knowledge and control | Residue evidence sufficient to prove possession |
| Sufficiency of evidence for baggie | Southwick argues no knowledge or control of baggie | State asserts sufficient evidence to show knowledge and control | Baggie evidence insufficient to prove possession beyond reasonable doubt |
| Unanimity instruction error | Southwick contends lack of unanimity instruction violated rights | State argues no need for unanimity on alternative means | No reversible error; acts constituted alternative means of possession, not separate incidents |
Key Cases Cited
- State v. Herrera-Brito, 131 Idaho 383 (Ct. App. 1998) (sufficiency review; substantial evidence standard)
- State v. Knutson, 121 Idaho 101 (Ct. App. 1991) (credibility and weight of evidence; substantial evidence standard)
- State v. Severson, 147 Idaho 694 (Ct. App. 2009) (circumstantial evidence; proximity and possession)
- State v. Burnside, 115 Idaho 882 (Ct. App. 1989) (ownership/possession when co-occupant present; control evidence)
- State v. Adamcik, 152 Idaho 445 (Ct. App. 2012) (unanimity requirements for underlying facts; general verdicts)
- Griffin v. United States, 502 U.S. 46 (U.S. 1991) (unanimity on underlying acts not required; focus on evidence supporting basis for conviction)