State v. Dietrich

26 P.3d 53, 135 Idaho 870, 2001 Ida. App. LEXIS 34
CourtIdaho Court of Appeals
DecidedJune 14, 2001
Docket26140
StatusPublished
Cited by5 cases

This text of 26 P.3d 53 (State v. Dietrich) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dietrich, 26 P.3d 53, 135 Idaho 870, 2001 Ida. App. LEXIS 34 (Idaho Ct. App. 2001).

Opinion

LANSING, Judge.

Robert Dietrich appeals his judgment of conviction for three counts of burglary and one count of conspiracy to commit burglary. Dietrich asserts that as to one count, the State failed to prove jurisdiction, and as to all counts, the State failed to present sufficient evidence of guilt because the only evidence linking Dietrich to the crimes was uncorroborated accomplice testimony. We conclude that the accomplice’s testimony was not corroborated, and we therefore reverse the judgment.

FACTS AND PROCEDURAL HISTORY

Robert Dietrich was charged with five counts of burglary and one count of conspiracy to commit burglary arising from a series of house break-ins. According to the trial testimony of Daniel Brown, a professed accomplice, Dietrich, Brown and Nathan Lopez jointly planned to burglarize various houses in order to get money and drugs. Brown said that the three would find an unoccupied house, and while one stood guard, the other two would go through the house searching for valuables. They then took the stolen items to the apartment where Dietrich, Brown and Lopez all lived with Dietrich’s father. In the course of one of the burglaries, a stereo system was stolen. According to Brown, the stereo components were placed in a cardboard “Magnavox” box to facilitate transporting the items back to the apartment. Brown said that after the burglaries, *872 he and his two accomplices sold the stolen items. All of these facts were adduced solely from Brown’s trial testimony; Dietrich and Lopez did not testify.

Other trial witnesses included law enforcement officers who had executed warrants for the search of the apartment where the three suspects lived and the apartment of the individual who had purchased the stolen items. Many of the stolen items were recovered at the purchaser’s apartment. One officer also testified that in searching the apartment where Dietrich, Brown and Lopez resided, he found a “Magnavox” box like the one described in Brown’s testimony. The State also presented the testimony of four of the five burglary victims; the only victim who did not testify was the one whose stereo system was allegedly taken in the Magnavox cardboard box. The four victim witnesses testified about various items that had been stolen from their houses.

At the conclusion of the State’s evidence, Dietrich moved for acquittal under Idaho Criminal Rule 29. He argued that the only evidence tying him to the burglaries or the conspiracy was Brown’s testimony, which was insufficient for conviction because Idaho Code § 19-2117 provides that a person may not be convicted on the uncorroborated testimony of an accomplice. The district court denied the motion, and the jury returned a verdict finding Dietrich guilty of conspiracy to commit burglary, guilty of three out of the five charged counts of burglary, and not guilty of the two remaining burglary charges.

On appeal, Dietrich contends that as to count III, the State did not prove that the court possessed subject matter jurisdiction because the State presented no evidence that the burglarized house was located in the State of Idaho. Dietrich also argues that the denial of his motion for acquittal was erroneous because the State did not meet its burden of proof with respect to any of the counts for which Dietrich was convicted.

ANALYSIS

A. Jurisdiction As to Count III

We consider first Dietrich’s assertion that the State failed to meet its burden of proving that the district court had jurisdiction with respect to the burglary charged in count III because the State did not present evidence that the burglarized house was located in Idaho. 1

In a criminal prosecution, the State must prove subject matter jurisdiction by showing that an essential element of the offense occurred within Idaho. State v. Doyle, 121 Idaho 911, 914, 828 P.2d 1316, 1319 (1992); State v. Amerson, 129 Idaho 395, 401, 925 P.2d 399, 405 (Ct.App.1996). However, jurisdiction, like other elements of an offense, may be proven by circumstantial evidence. See Paradis v. State, 110 Idaho 534, 536-37, 716 P.2d 1306, 1308-09 (1986). Although we acknowledge that the State presented no direct evidence on this point, we conclude that there is sufficient circumstantial evidence in the record to support the finding that the burglary charged in count III was committed in Idaho.

The trial evidence shows that the investigation, searches and arrests made in connection with the five charged burglaries were conducted solely by the police department of the city of Lewiston, Idaho. As a matter of Idaho statutory law, city police officers do not have authority to conduct such activities outside of the city limits, much less outside the State of Idaho. See I.C. § 67-2337. Although evidence of the geographic limitations of the Lewiston Police Department was not presented at trial, reasonable jurors could have determined from their common knowledge and experience that city police officers would not be conducting police activities in another state. See generally State v. Espinoza, 133 Idaho 618, 621-22, 990 P.2d 1229, 1232-33 (Ct.App.1999) (jury could infer that defendant was over eighteen based upon evidence that defendant was old enough to legally purchase beer and common knowledge *873 that alcohol cannot be legally purchased in this state by persons under the age of twenty-one). In addition, there was direct evidence that the other four burglaries all occurred in Lewiston. One of these was perpetrated at a house on Eleventh Street, and trial testimony indicated that the burglary in count III occurred at another address on Eleventh Street. There was also testimony from Brown that he, Dietrich and Lopez were walking back to their apartment in Lewiston from a friend’s house when they burglarized the house in count III. After the burglary, the three continued to walk to the apartment carrying the cardboard box containing the stolen stereo equipment. From the totality of this evidence, we conclude that there was a sufficient evidentiary basis from which the jurors could reasonably infer that the burglary in count III occurred in Lewiston, Idaho. Therefore, Dietrich was not entitled to a judgment of acquittal on count III based upon insufficient proof of jurisdiction.

B. Sufficiency of Evidence to Corroborate Accomplice’s Testimony

Dietrich next argues that the district court erred in denying his motion for acquittal.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Robert Javier Garcia, Jr.
326 P.3d 354 (Idaho Court of Appeals, 2014)
State v. Hill
97 P.3d 1014 (Idaho Court of Appeals, 2004)
State v. Glass
87 P.3d 302 (Idaho Court of Appeals, 2003)
State v. Jones
89 P.3d 881 (Idaho Court of Appeals, 2003)
State v. Hoffman
55 P.3d 890 (Idaho Court of Appeals, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
26 P.3d 53, 135 Idaho 870, 2001 Ida. App. LEXIS 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dietrich-idahoctapp-2001.