Lawrence v. Weber

2011 S.D. 19, 2011 SD 19, 797 N.W.2d 783, 2011 S.D. LEXIS 19, 2011 WL 1707049
CourtSouth Dakota Supreme Court
DecidedMay 4, 2011
Docket25790
StatusPublished
Cited by3 cases

This text of 2011 S.D. 19 (Lawrence v. Weber) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lawrence v. Weber, 2011 S.D. 19, 2011 SD 19, 797 N.W.2d 783, 2011 S.D. LEXIS 19, 2011 WL 1707049 (S.D. 2011).

Opinions

KONENKAMP, Justice.

[¶ 1.] James Lawrence appeals the circuit court’s denial of his petition for habeas corpus, arguing that there was insufficient evidence to support his conviction for theft by deception.

Facts and Procedural Background

[¶ 2.] In January 1996, Lawrence went to the home of Marcella Roster, knocked on her door, and convinced her to let him waterproof her basement walls. Lawrence told Roster that FEMA would reimburse her for the cost of the work. Over the next several months, Lawrence went to the home four times for periods ranging from two to four hours and each time asked Roster for payment before leaving. Roster wrote Lawrence four checks totaling $5,000.90.

[¶ 3.] Lawrence’s work was utterly deficient. He applied a substance to the walls that was essentially a water sealant but was completely ineffective as a waterproofing material. He also drilled several holes in the walls and filled them with concrete, which several expert witnesses said did almost nothing to strengthen the walls. The work did not stop the seepage in Roster’s walls.

[¶ 4.] Each time Lawrence came to her home, Roster would ask him about the FEMA reimbursement. Lawrence’s responses varied wildly. On one occasion, he told Roster that he was going to take pictures of the basement walls and send them to FEMA. On another occasion, he said he was “taking care” of the reimbursement. On yet another occasion, he told Roster that FEMA would be contacting her. Finally, he gave Roster an invoice and told her she needed to turn it in to FEMA. The invoice was almost completely illegible, and the amount was more than Lawrence had charged Roster for his work.

[¶ 5.] A short time after Lawrence completed his work, Roster received a phone call from someone claiming to be a FEMA official. The caller informed Roster that he needed to take pictures of the basement. But no one came to take the pictures, and Roster concluded that the [785]*785call was a fake. Eventually, Koster contacted the local FEMA office and was told that they once offered a reimbursement program similar to that described by Lawrence but that it ended in 1994. FEMA refused to reimburse Koster for any of the work.

[¶ 6.] On May 1, 2003, a jury found Lawrence guilty of theft by deception. He was sentenced to a term of twenty-five years in the South Dakota State Penitentiary. He then appealed to this Court, which affirmed his conviction. In June 2006, Lawrence filed a petition for writ of habeas corpus alleging, among other things, that his constitutional rights had been violated when he was convicted based on insufficient evidence. The circuit court denied the motion. Lawrence appeals.

Standard of Review

[¶ 7.] “A habeas corpus applicant has the initial burden of proof to establish a colorable claim for relief.” Jenner v. Dooley, 1999 S.D. 20, ¶ 11, 590 N.W.2d 463, 468 (citing Johnson v. Zerbst, 304 U.S. 458, 468-69, 58 S.Ct. 1019, 1025, 82 L.Ed. 1461 (1938)). Additionally,

Habeas corpus can be used only to review (1) whether the court has jurisdiction of the crime and the person of the defendant; (2) whether the sentence was authorized by law; and (3) in certain cases whether an incarcerated defendant has been deprived of basic constitutional rights. Habeas corpus is not a remedy to correct irregular procedures, rather, habeas corpus reaches only jurisdictional error. For purposes of habeas corpus, constitutional violations in a criminal case deprive the trial court of jurisdiction.

Piper v. Weber, 2009 S.D. 66, ¶ 7, 771 N.W.2d 352, 355 (quoting Steichen v. Weber, 2009 S.D. 4, ¶ 4, 760 N.W.2d 381, 386). “Habeas corpus review does not substitute for direct review.” Id. (quoting Steichen, 2009 S.D. 4, ¶ 4, 760 N.W.2d at 386). “The applicant for habeas corpus must satisfy the initial burden to prove the need for relief by a preponderance of the evidence.” Id.

Analysis and Decision

Whether sufficient evidence ms presented at trial to support a conviction for theft by deception.

[¶ 8.] When reviewing a sufficiency of the evidence claim, “[a]ll of the evidence is to be considered in the light most favorable to the prosecution.” State v. Morse, 2008 S.D. 66, ¶ 10, 753 N.W.2d 915, 918 (emphasis omitted) (quoting Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979)). “There must be substantial evidence to support the conviction.” Id. “[T]he relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Id. (quoting Jackson, 443 U.S. at 318-19, 99 S.Ct. at 2789). “Evidence is insufficient, and therefore not substantial, when no rational trier of fact could find guilt beyond a reasonable doubt.” Id.

[¶ 9.] Lawrence was convicted of a violation of SDCL 22-30A-3, which provides:

Any person who obtains property of another by deception is guilty of theft. A person deceives if, with intent to defraud, that person:
(1) Creates or reinforces a false impression, including false impressions as to law, value, intention or other state of mind.

Lawrence argues that the State failed to prove that he acted with the specific intent to defraud Koster. In support of his argument, Lawrence cites three recent cases in which this Court overturned convictions for theft by deception on the ground that [786]*786there was insufficient evidence that the defendants acted with the intent to defraud. See State v. Kessler, 2009 S.D. 76, 772 N.W.2d 132; State v. Jackson, 2009 S.D. 29, 765 N.W.2d 541; Morse, 2008 S.D. 66, 753 N.W.2d 915. All three of those defendants were contractors who either failed to complete their projects or did exceedingly poor work.

[¶ 10.] In Morse, we noted that “[t]heft by deception is a specific intent crime.” 2008 S.D. 66, ¶ 12, 753 N.W.2d at 919. “Intent to defraud ‘means to act willfully and with the specific intent to deceive or cheat, ordinarily for the purpose of either causing some financial loss to another or bringing about some financial gain to one’s self.’ ” Id. (quoting State v. Heftel, 513 N.W.2d 397, 400 (S.D.1994)). “It is only where [actors do] not believe what [they] purposely caused [their victims] to believe, and where this can be proved beyond a reasonable doubt, that [these actors] can be convicted of theft.” Id. (quoting State v. Hurst, 507 N.W.2d 918, 920 (S.D.1993)).

[¶ 11.] Relying on this line of cases, Lawrence argues that there was insufficient evidence to prove that he acted with the intent to defraud Koster. He argues that “[t]he amount [he] charged for his work was more than the value of the work performed and the job was not completely finished.” This fact pattern, he claims, is similar to those in Morse and Jackson.

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Related

State v. Little Long
962 N.W.2d 237 (South Dakota Supreme Court, 2021)
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Bluebook (online)
2011 S.D. 19, 2011 SD 19, 797 N.W.2d 783, 2011 S.D. LEXIS 19, 2011 WL 1707049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-weber-sd-2011.