State v. Eastman

831 P.2d 555, 122 Idaho 87, 1992 Ida. LEXIS 98
CourtIdaho Supreme Court
DecidedMay 1, 1992
Docket18934
StatusPublished
Cited by58 cases

This text of 831 P.2d 555 (State v. Eastman) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Eastman, 831 P.2d 555, 122 Idaho 87, 1992 Ida. LEXIS 98 (Idaho 1992).

Opinions

McDEYITT, Justice.

The defendant appeals from the judgments of conviction entered after a jury found her in violation of I.C. § 18-8001, driving without privileges, and in violation of I.C. § 18-8004, driving under the influence. The defendant alleges that the trial court erred in refusing a jury instruction based upon I.C. § 18-201(4). We affirm.

[89]*89The facts are not in dispute. On June 9, 1989, at approximately 7:44 p.m., the defendant was riding as a passenger in a Chevrolet Blazer that was involved in an accident within the city limits of Coeur d’Alene. The Blazer came to rest in the middle of an intersection. When police officers arrived on the scene, they discovered the defendant in the driver’s seat of the Blazer, with the motor running, the driver’s door wide open, trying to put the Blazer “in gear.” The defendant admits that she was attempting to move the vehicle out of the intersection to the side of the road as she felt the Blazer was posing a hazard to traffic.1

One of the officers responding to the scene, Officer Brookshire, asked the defendant to turn the ignition off and get out of the Blazer. When the defendant exited the Blazer, the officer immediately noticed the heavy smell of alcohol on the defendant’s breath. He asked her if she had been drinking, to which she replied that she had been drinking “a lot” that day. She was either unable or refused to perform field sobriety tests. The defendant was then placed under arrest for driving under the influence, I.C. § 18-8004. The defendant was transported to the police station where she was read I.C. § 18-8002, after which she refused the breath alcohol test.

Subsequent to the arrest for DUI, a records search indicated that the defendant had had her license suspended for nonpayment of a traffic infraction. She was then charged with driving while without privileges, I.C. § 18-8001.

At trial, the defendant requested a jury instruction dealing with the defense of “justification,” based upon I.C. § 18-201(4). The trial court refused to give the requested instruction and the defendant was found guilty on both charges. The trial court also denied the defendant’s post-trial motions for dismissal, a new trial, and a judgment of acquittal. The district court affirmed the judgment of the magistrate court.

ISSUES ON APPEAL

I. DID THE TRIAL COURT ERR IN REFUSING THE DEFENDANT’S JURY INSTRUCTION BASED UPON I.C. § 18-201?

II. DID THE TRIAL COURT ERR IN FAILING TO INSTRUCT THE JURY AS TO THE DEFENDANT’S THEORY OF THE CASE?

ANALYSIS

I. THE JURY INSTRUCTION

The defendant requested an instruction based upon I.C. § 18-201. The pertinent part of this statute states:

Persons capable of committing crimes. — All persons are capable of committing crimes, except those belonging to the following classes: ...
4. Persons (unless the crime be punishable with death) who committed the act or made the omission charged, under threats or menaces sufficient to show that they had a reasonable cause to and did believe their lives would be endangered if they refused.

The requested instruction reiterated the “threats and menaces” language of the statute. The trial court denied the instruction in that no reasonable view of the facts supported the theory.

In reviewing the trial court’s refusal to give the defendant’s instruction, we note that jury instructions are read as a whole to insure that they fully and fairly represent the applicable law. State v. Aragon, 107 Idaho 358, 690 P.2d 293 (1984); State v. Peterman, 100 Idaho 269, 596 P.2d 442 (1979). A defendant’s requested instruction need not be given if it was either an erroneous statement of the law, adequately covered by other instructions, or not supported by the facts of the case. State v. Olsen, 103 Idaho 278, 647 P.2d 734 (1982).

The first step in our analysis requires us to define the term “threats and menaces” as contained in the statute. The [90]*90legislature has failed to statutorily define this term, and this court has not passed upon this issue before. A “threat” is a declaration of an intention to injure another by the commission of an unlawful act. People v. Hines, 780 P.2d 556 (Colo.1989); State v. Schweppe, 306 Minn. 395, 237 N.W.2d 609 (1975); State v. Gunzelman, 210 Kan. 481, 502 P.2d 705 (1972); Schott v. People, 174 Colo. 15, 482 P.2d 101 (1971); Armstrong v. Ellington, 312 F.Supp. 1119 (W.D.Tenn.1970); State v. Cushing, 17 Wash. 544, 50 P. 512 (1897). A “menace” is synonymous with “threat.” State v. Lizotte, 256 A.2d 439 (Me.1969); State v. Cruitt, 200 Kan. 372, 436 P.2d 870 (1968); People v. Stoddard, 227 Cal.App.2d 40, 38 Cal.Rptr. 407 (1964); Clifford v. Great Falls Gas Co., 68 Mont. 300, 216 P. 1114 (1923).

Our review of the record fails to disclose any evidence to support an instruction on “threats or menaces.” An assertion of justification or evidence of justification does not support a requested instruction of “threats or menaces.” The trial court did not err in refusing the instruction.

II. FAILURE TO INSTRUCT AS TO THE DEFENDANT’S THEORY OF THE CASE

The defendant asserts that the language in I.C. § 19-2132(a) that “[i]n charging the jury, the court must state to them all matters of law necessary for their information,” imposes a duty upon the trial court to sua sponte instruct the jury upon the defendant’s “theory of the case.” Pursuant to this perceived duty, the defendant urges that the trial court erred in failing to instruct the jury as to the defense of necessity. As an alternative, the defendant asserts that the trial court was alerted to the necessity defense by the defendant’s requested instruction No. 2.

The defendant’s argument would mandate the trial court to instruct the jury upon any defense theory possible. We find no authority for this proposition.

A defendant is entitled to an instruction where “there is a reasonable view of the evidence presented in the case that would support” the theory. State v. Fodge, 121 Idaho 192, 195, 824 P.2d 123, 126 (1992); State v. Johns, 112 Idaho 873, 736 P.2d 1327 (1987); State v. Olsen, 103 Idaho 278, 647 P.2d 734 (1982); State v. Beason, 95 Idaho 267, 506 P.2d 1340 (1973).

The defendant misinterprets the statute and the case law.

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Bluebook (online)
831 P.2d 555, 122 Idaho 87, 1992 Ida. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-eastman-idaho-1992.