State v. Goldmann
2013 ND 105
| N.D. | 2013Background
- State appeals district court order dismissing a class B felony theft charge for lack of probable cause.
- Goldmann was charged July 2012 with class B felony theft after taking a 2012 pickup valued over $62,000.
- At the preliminary hearing, officer testified Goldmann attempted an electronic wire transfer to pay for the vehicle; the transfer failed.
- Dealership incurred $3,630.25 in expenses for Goldmann’s use and possession; Goldmann returned the vehicle after threats of action.
- The district court found probable cause for a C felony but not for a B felony and dismissed the B charge without prejudice; the State appeals on appealability and sufficiency of probable cause.
- The Court holds the State established probable cause for a B felony and remands for proceedings consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in dismissing the B felony charge for lack of probable cause. | State contends probable cause for a B felony existed. | Goldmann contends no probable cause for B felony theft. | Yes; district court erred in dismissing for lack of probable cause. |
| How value should be determined for the theft charge under §12.1-23-05(6). | State argues highest value by any reasonable standard supports B felony. | Goldmann argues the dealership’s expenses reflect value. | Highest value by any reasonable standard supports B felony valuation (> $10,000). |
| Is the State's appeal from a dismissal without prejudice properly exercisable? | State asserts appellate review is needed due to district court errors. | Goldmann argues dismissal without prejudice typically not appealable. | Yes; the dismissal without prejudice is appealable under statute. |
Key Cases Cited
- State v. Erickson, 2011 ND 49 (2011) (statutory-appeal authorization for state)
- State v. Gwyther, 589 N.W.2d 575 (ND 1999) (appeal from dismissal of charges without prejudice)
- State v. Perreault, 638 N.W.2d 541 (ND 2002) (probable cause standard on appeal from dismissal)
- State v. Foley, 610 N.W.2d 49 (ND 2000) (probable cause review is a question of law)
- Ensz v. State, 503 N.W.2d 236 (ND 1993) (the highest value by any reasonable standard governs theft valuation)