State v. Dowty, 2013 SD 72

Dowty and Richards were charged with 13 felonies for three rural Mellette County burglaries; Richards pled guilty to two counts stemming from the Williams burglary.
Dowty moved to sever charges and obtain relief from prejudicial joinder before trial; the court denied the motion.
At trial, Dowty sought judgment of acquittal on all Ferguson and Woodward/West burglary counts, which the court denied.
DNA and other physical evidence tied Dowty and Richards to the burglaries; Richards admitted to shooting Williams and Dowty’s DNA matched at the Woodward/West scene.
The jury convicted Dowty on 9 counts and he was sentenced to 45 years; he appealed challenging denial of acquittal and severance.
The issues on appeal concern sufficiency of the evidence for Ferguson/Woodward/West burglaries and the propriety of joinder/severance for prejudice.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for Ferguson/Woodward/West burglaries	Dowty contends insufficient evidence to convict as principal or aider/abetter.	Dowty argues the State failed to prove participation in Ferguson/Woodward/West burglaries beyond a reasonable doubt.	Sufficient evidence supported convictions; jury could find liability under either principal or aider/abetter theory.
Joinder and severance prejudice	Joinder of the three burglaries and Williams shooting was proper under SDCL 23A-6-23.	Severance necessary to avoid prejudice; separate trials would better protect substantial rights.	No abuse of discretion in joinder; no clear prejudice shown; severance not required; evidence admissible across trials as part of a common plan.

State v. Harris, 2010 S.D. 75 (S.D. 2010) (acquittal sufficiency and accomplice liability principles)
State v. Shape, 517 N.W.2d 650 (S.D. 1994) (joinder tests for multiple offenses under SDCL 23A-6-23)
State v. Waugh, 2011 S.D. 71 (S.D. 2011) (abuse of discretion standard for severance; prejudice analysis)
State v. Dixon, 419 N.W.2d 699 (S.D. 1988) (prejudice standard for severance and joinder)
State v. Plenty Horse, 2007 S.D. 114 (S.D. 2007) (standard for sufficiency review; rational juror could convict)
State v. Larkin, 202 N.W.2d 862 (S.D. 1972) (presumption of guilt from possession of recently stolen property)
State v. Floody, 481 N.W.2d 242 (S.D. 1992) (evidence admissibility of related crimes to prove plan or context)
Tate, 821 F.2d 1328 (8th Cir. 1987) (accomplice liability framework when evidence supports alternative theories)
United States v. Tyndall, 263 F.3d 848 (8th Cir. 2001) (relationships among joined offenses and admissibility of other-crimes evidence)
Banther v. State, 977 A.2d 870 (Del. 2009) (co-conspirator liability and alternative bases for conviction)
People v. Delgado, 297 P.3d 859 (Cal. 2013) (principals vs. accomplices; joint liability theory)
McCoy v. People, 24 P.3d 1210 (Cal. 2001) (two or more persons may share perpetrator and aider roles)