State v. Skousen
290 P.3d 919
Utah Ct. App.2012Background
- Skousen was convicted in Feb 2011 of failing to stop for a conservation officer, a class A misdemeanor under Utah Code 23-20-24.
- He moved for a directed verdict at the close of the State's case, arguing the officers were not proven to be 'conservation officers' as defined by the Wildlife Resources Code.
- Two conservation officers testified they were Division of Wildlife Resources officers and POST certified; neither testified directly that they were full-time, permanent employees.
- The statute defines a conservation officer as a full-time, permanent employee of the Division who is POST certified; this definition was central to whether the offense element was proven.
- The trial court denied the directed verdict; the conviction stood at issue on appeal.
- On appeal, the court reviews de novo whether there is believable evidence of all essential elements; if so, the denial of a directed verdict is proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there sufficient evidence officers were conservation officers? | Skousen: officers not shown to be full-time, permanent employees. | State: officers testified they were conservation officers; status can be inferred. | Affirmed; sufficient evidence supports officers as conservation officers. |
| May the jury infer full-time status from testimony that officers were conservation officers? | Skousen: no direct evidence of full-time status; inference is insufficient. | State: statutory term 'conservation officer' can be proven indirectly; inference allowed. | Inference from officer testimony to full-time status permissible; no direct evidence required. |
Key Cases Cited
- State v. Hirschi, 2007 UT App 255 (Utah Court of Appeals, 2007) (directed verdict standard; review for correctness)
- State v. Krueger, 1999 UT App 54 (Utah Court of Appeals, 1999) (directed verdict denial upheld when evidence supports crime elements)
- State v. Montoya, 2004 UT 5 (Utah Supreme Court, 2004) (evidence and inferences may prove elements beyond reasonable doubt)
- State v. Lamorie, 610 P.2d 342 (Utah, 1980) (elements may be established by inference when reasonable)