State v. Glass

190 P.3d 896, 146 Idaho 77, 2008 Ida. App. LEXIS 40
CourtIdaho Court of Appeals
DecidedApril 14, 2008
Docket31422
StatusPublished
Cited by16 cases

This text of 190 P.3d 896 (State v. Glass) 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. Glass, 190 P.3d 896, 146 Idaho 77, 2008 Ida. App. LEXIS 40 (Idaho Ct. App. 2008).

Opinion

GUTIERREZ, Chief Judge.

Jimmy Thomas Glass appeals from his conviction for enticing a child over the Internet. Specifically, Glass challenges the admission of evidence and its sufficiency to establish *80 that he was the online perpetrator. We affirm.

I.

FACTS AND PROCEDURE

During the week of July 15, 2004, detectives from the Ada County Sheriffs Office conducted an Internet sting operation to locate individuals enticing children into sexual activity over the Internet. Two officers posing as children under the age of sixteen were online at the same time for approximately eight hours a day. One day, Detective Kenneth Smith logged into a Yahoo (an Internet service provider) chat room labeled “romance” and posed as a fifteen-year-old girl with the screen name “lisa200215ncal.” The user profile for that screen name identified “Lisa” as a high school sophomore from California who was currently in Boise visiting her father.

After Detective Smith logged into the chat room, other individuals already signed into the same chat room were able to see Detective Smith’s screen name and profile and were able to send private “instant messages” directly to him. Subsequently, he was privately contacted by a person using the screen name “letsgetkinky831.” During an ensuing conversation, “lisa200215ncal” indicated that she was a fifteen-year-old female to which “letsgetkinky831” replied, “That’s cool.” He then asked her to look at the picture on his profile, that of a man from the waist down, naked and masturbating, and to tell him if it was “ok.” The following conversation then took place:

Lisa200215ncal: yea looks ok
Letsgetkinky831: :D [laughter]
Letsgetkinky831: maybe you’d let me undress in front of you?
Lisa200215ncal: maybe
Letsgetkinky831: well what do you have in mind then?
Lisa200215ncal: I don’t know didn’t really have a plan
Letsgetkinky831: well then let me start by coming over and taking my clothes off
Letsgetkinky831: play with it in front of you, get it hard
Letsgetkinky831: see what comes up?
Lisa200215ncal: yea might be able to do that
Letsgetkinky831: cool
Letsgetkinky831: when?
Letsgetkinky831: Lisa?
Letsgetkinky831: what’s wrong now?
Lisa200215ncal: think
Letsgetkinky831: ok
Lisa200215ncal: so ur serious
Letsgetkinky831: i’m dead serious
Letsgetkinky831: i’ll undress, if you don’t like, I’ll leave, k
Lisa200215ncal: well how far do u want to go
Letsgetkinky831: only as far as you want to go
Lisa200215ncal: so if i said no sex u would be good with that
Letsgetkinky831: yes
Letsgetkinky831: cool then?
Letsgetkinky831: i need to go to work today
Lisa200215ncal: when
Letsgetkinky831: at 2
Letsgetkinky831: so I’d have to do this soon
Lisa200215ncal: oh so will that be enough time
Letsgetkinky831: sure will if ya let me come over now
Letsgetkinky831: :D
Lisa200215ncal: what part of town do u live in
Letsgetkinky831: north side U?
Lisa200215ncal: well im not really sure do u know where Fairview is
Letsgetkinky831: i do
Lisa200215ncal: ok
Letsgetkinky831: what’s the address then?
Lisa200215ncal: [address given]
Letsgetkinky831: ok
Letsgetkinky831: so it’s cool then?
Lisa200215ncal: what is ur first name
Letsgetkinky831: Tom
*81 Lisa200215ncal: I will look for u what does ur car look like
Letsgetkinky831: blk car
Lisa200215ncal: small or big (the car)
Letsgetkinky831: lol small 2 dorr
Letsgetkinky831: door
Lisa200215ncal: ok well see u in a bit do you have a condom]
Letsgetkinky831: I don’t but thought you didn’t want sex
Lisa200215ncal: well bring one just in case u never no
Letsgetkinky831: k

Twenty-three minutes after the conversation ended, another detective in the apartment observed a black two-door car pulling into the apartment parking lot. The detectives then lost sight of the car, but shortly thereafter, Glass knocked on the apartment door where the sting was taking place. He was placed under arrest.

Glass was charged with one count of enticing a child over the Internet, Idaho Code § 18-1509A. Prior to trial, Glass filed a motion in limine to exclude introduction of the transcript of the online conversation, claiming the state did not have sufficient evidence to link Glass to the “letsgetkinky831” screen name. After hearing an offer of proof from the state, the trial court denied the motion.

At trial, the state called Detective Smith to testify in regard to the online operation, specifically eliciting testimony from him as an expert on the uniqueness of chat room screen names generally, as well as those associated specifically with Yahoo. Glass objected to the testimony. After the state rested, Glass asked the trial court to reconsider its denial of his motion to exclude the transcript, and his request was denied. Glass also moved for a judgment of acquittal, arguing that the state had failed to present sufficient evidence that Glass had acted in contravention of I.C. § 18-1509A. The motion was denied and the defense rested without presenting further evidence.

The jury found Glass guilty as charged. He was sentenced to a unified term of fifteen years, with three years determinate and now appeals.

II.

ANALYSIS

A. Foundation

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Cite This Page — Counsel Stack

Bluebook (online)
190 P.3d 896, 146 Idaho 77, 2008 Ida. App. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-glass-idahoctapp-2008.