D.B. v. State

2012 UT 65, 289 P.3d 459, 2012 WL 4466148
CourtUtah Supreme Court
DecidedSeptember 28, 2012
DocketNo. 20100549
StatusPublished
Cited by20 cases

This text of 2012 UT 65 (D.B. v. State) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D.B. v. State, 2012 UT 65, 289 P.3d 459, 2012 WL 4466148 (Utah 2012).

Opinions

Justice PARRISH,

opinion of the Court:

INTRODUCTION

T1 On certiorari, we must determine whether D.B., who was charged as a principal for theft and eriminal trespass, received adequate Sixth Amendment notice that he may be adjudicated delinquent as an accomplice for both charges.

12 The State of Utah filed a petition that charged D.B. as a principal with theft and criminal trespass for entering a construction site and removing a pair of bolt cutters. The juvenile court adjudicated D.B. delinquent as an accomplice on both counts. The court of appeals affirmed, and we accepted D.B.'s Petition for Writ of Certiorari. We hold that D.B. received constitutionally adequate notice through trial testimony that he faced accomplice liability for theft. But D.B. did not learn he faced accomplice liability for criminal trespass until the juvenile court announced its decision adjudicating him delinquent under that theory. And D.B. may challenge the criminal trespass judgment for the first time on appeal because he had no opportunity to object before the close of evidence and no obligation to raise his objection in a postjudgment motion. Because the juvenile court adjudicated D.B. delinquent as an accomplice for criminal trespass without notice, we reverse the delinquency adjudication on the criminal trespass charge, but affirm it on the theft charge.

BACKGROUND

1 3 On the morning of April 14, 2008, Jason Sessions called police to report that two persons were attempting to enter a fenced construction site. Two officers were dispatched to the site and, upon arrival, found two juveniles. D.B. was outside the fence and J.M. was inside. A pair of bolt cutters lay on the ground outside the fence.

4 The State filed a petition alleging that D.B. had committed theft and eriminal trespass.1 The charges were tried in a bench trial before the juvenile court. Four witnesses testified at trial. The first, Jason Sessions, testified that he observed D.B. and J.M. as they approached the fenced construction site. According to Mr. Sessions, one juvenile climbed the fence, entered the site, and tried to break into a trailer. Mr. Sessions identified D.B. as the juvenile who entered the site. He testified that the other juvenile remained outside the fence and that he "[alppeared to be nervous" and acted as a "watch-out."

15 The second witness was J.M. He testified that he and D.B. climbed the fence and entered the site together. According to J.M., onee they were inside, D.B. saw a pair of bolt cutters, threw them to J.M., and instructed J.M. to throw them over the fence. J.M. complied. J.M. testified that the juveniles then decided to exit the site. According to J.M., D.B. exited first and the police officers arrived before J.M. could exit.

T6 The third witness was former officer Marco Mihailovich. Officer Mikhailovich de-seribed that, when he arrived at the construction site, he found D.B. outside the fence and J.M. still inside of it. Officer Mihailovich also observed bolt cutters on the ground outside the fence. The fourth witness, Officer Steven Gowans, corroborated Officer Mihailovieh's testimony.

[463]*463T7 After the close of evidence, the State presented a simple closing argument, rooted in principal liability. The prosecutor argued that both juveniles climbed the fence and participated in removing the bolt cutters from the site.

T8 D.B.'s counsel also presented closing argument. He began by emphasizing Mr. Sessions's testimony that only one juvenile entered the site. Then he referenced the officers' testimony that, when they arrived at the site, D.B. was outside the fence and J.M. was inside of it,. D.B.'s counsel argued that D.B. never entered the site and asserted that the State had failed to present evidence that D.B. was ever in possession of the bolt cutters. D.B.'s counsel referenced and then dismissed as "pure speculation" Mr. Sessions's testimony that the juvenile standing outside the fence acted as a "watch-out."

T9 In rebuttal, the prosecution suggested for the first time that D.B. should be adjudicated delinquent as an accomplice. Specifically, the prosecutor adopted D.B.'s argument that he never entered the site and argued that "[nlo matter where [D.B.] was, it was clear, [Mr.] Sessions says he was a lookout." The prosecutor then contended that D.B. is "just as responsible for what his [clo-defendant does as if he committed that crime."

10 Following closing arguments, the juvenile court took the case under advisement. It announced a decision from the bench several weeks later, adjudicating D.B. delinquent as an accomplice to both theft and criminal trespass. D.B. did not object to the court's ruling or file any postjudgment motions challenging the judgment. Instead, he appealed to the Utah Court of Appeals. The court of appeals heard D.B.'s appeal and issued a split opinion, with each member of the three-judge panel writing separately. D.B. v. State (State ex rel. D.B.), 2010 UT App 111, 231 P.3d 819. Judge Thorne authored the lead opinion. While he did not specifically articulate "the type of notice the [State) must give at trial," he did conclude that the trial in this case "included testimony that would support both principal and accomplice liability theories." Id. 118-9. Judge Thorne further concluded that D.B. failed to preserve his claim that he lacked adequate notice of the accomplice liability theory by objecting either during the State's closing argument, at the hearing where the juvenile court issued its decision, or through a post-judgment motion. Id. 119-10.

111 Judge Bench concurred in the result reached by Judge Thorne. He assumed, without deciding, that D.B. did not have fair notice of accomplice liability. Id. 118 (Bench, J., concurring). But he concluded that "absent a postjudgment motion requesting that the trial court determine whether D.B. had adequate notice of the accomplice liability theory," D.B. had failed to preserve the issue for appeal. Id. 117.

T 12 Judge Davis dissented. He criticized the lead opinion's characterization of the facts and determined that "[the evidence ... simply did not signal that the State was pursuing an accomplice liability theory of guilt." Id. 121 (Davis, J., dissenting). Because he concluded that D.B. was never on notice of the State's accomplice liability theory, Judge Davis reasoned that D.B. was under no obligation to raise an objection during closing or to object when the juvenile court issued its opinion some three weeks later. Id. 1129, 32. Finally, Judge Davis argued that a postjudgment motion is not generally necessary to preserve an issue for appeal. Id. 186. At the end of the day, the only holding that garnered a majority in the court of appeals was that the preservation rule required D.B. to file a postjudgment motion to preserve his claim that he lacked sufficient notice of the State's accomplice lability theory. Id. 1% 11, 17.

113 D.B. filed a Petition for Writ of Cer-tiorari with this court. We granted the petition to consider "(whether a majority of the panel of the court of appeals erred in affirming the juvenile court's judgment." We have jurisdiction pursuant to sections 78A-3-102(8)(a) and 78A-3-102(5) of the Utah Code.

STANDARD OF REVIEW

{ 14 "On certiorari, we review [the] decision of the court of appeals for correctness. The correctness of the court of appeals' decision turns on whether that court accurately [464]*464reviewed the [juvenile] court's decision under the appropriate standard of review." State v.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 UT 65, 289 P.3d 459, 2012 WL 4466148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/db-v-state-utah-2012.