State v. Andrey Sergeyevich Yermola, 159 Idaho 785

Defendant was charged with felony willful concealment of evidence after disposing of a pistol and his wife’s cell phone during a pursuit.
Jury found him guilty of false imprisonment, felony willful concealment of evidence, and possession of drug paraphernalia; other charges were resolved.
Idaho Code 18-2603 makes concealment of evidence a misdemeanor unless the investigation involves a felony offense.
State’s theory relied on whether the underlying inquiry involved a felony; the State offered no evidence the underlying crime was a felony.
Trial court instructed that concealment required proving the inquiry involved a felony; no such proof was presented beyond reasonable doubt.
Judgment for felony concealment vacated; remanded for entry of a misdemeanor concealment conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Must the state prove the investigation involved a felony?	Yermola argued the issue is not for the jury.	Yermola contends the felony status of the investigation must be proved.	Yes; the felony status is an essential element to elevate to felony concealment.

State v. Suriner, 154 Idaho 81 (2013) (direct review standard; informs element analysis)
Peteja, 139 Idaho 607 (Ct. App. 2003) (felony nature of investigation required as an element)
Scheminisky, 31 Idaho 504 (1918) (prior conviction can elevate misdemeanor to felony; jury must determine felony status)
Apprendi v. New Jersey, 530 U.S. 466 (2000) (any fact increasing penalty beyond maximum must be proved to a jury)
Blakely v. Washington, 542 U.S. 296 (2004) (explains Apprendi to judicially-limit sentencing factors)
Alleyne v. United States, 133 S. Ct. 2151 (2013) (facts increasing penalties are elements of the crime)