State v. Goldmann
2013 ND 105
| N.D. | 2013Background
- The State charged Goldmann with class B felony theft of property for an incident involving a 2012 pickup valued over $62,000.
- At the preliminary hearing, officer testimony established Goldmann obtained possession of the vehicle and attempted to pay via an electronic wire transfer that did not complete.
- The dealership retained the vehicle after Goldmann allegedly failed to complete payment; it later sought $3,630.25 for expenses related to use and possession.
- The district court dismissed the class B felony charge without prejudice, concluding the evidence supported a C felony but not a B felony.
- The State appealed, arguing the order was appealable and that probable cause for a B felony existed based on the valuation.
- The Court holds that the State’s evidence established probable cause for a class B felony theft and remands for proper proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the dismissal without prejudice appealable? | State: order is appealable under statute. | Goldmann: not appealable. | Appealable under statute |
| Did the preliminary hearing establish probable cause for a class B felony theft? | State: facts show probable cause for B felony. | Goldmann: insufficient for B felony. | Yes, probable cause for B felony established |
| Was the theft valuation properly determined for B felony analysis? | State: use highest value by any reasonable standard; vehicle value over $62,000 is proper. | Goldmann: valuation should reflect cost to dealership, not highest possible value. | Highest value by any reasonable standard governs; $62,000 support B felony |
Key Cases Cited
- State v. Gwyther, 589 N.W.2d 575 (ND 1999) (order dismissing a criminal complaint is appealable)
- State v. Erickson, 795 N.W.2d 375 (ND 2011) (statutory right to appeal must be expressly granted)
- State v. Deutscher, 766 N.W.2d 442 (ND 2009) (statutory scope of State’s appellate rights)
- State v. Blunt, 751 N.W.2d 692 (ND 2008) (probable cause standard at preliminary hearing)
- State v. Perreault, 638 N.W.2d 541 (ND 2002) (review standard for probable-cause findings on appeal)
- State v. Foley, 610 N.W.2d 49 (ND 2000) (probable cause standard and appellate review)
- State v. Ensz, 503 N.W.2d 236 (ND 1993) (valuation of stolen property may use highest value by any reasonable standard)