State of Utah v. B.E.

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State of Utah,
Plaintiff and Appellee,

v.

B.E.,
Defendant and Appellant.

MEMORANDUM DECISION
(Not For Official Publication)

Case No. 981297-CA

F I L E D
January 13, 2000
  2000 Utah Ct. App. 4 -----

Third District Juvenile, Salt Lake Department
The Honorable Kimberly K. Hornak

Attorneys:
John L. McCoy, Salt Lake City, for Appellant
Jan Graham and Catherine M. Johnson, Salt Lake City, for Appellee

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Before Judges Wilkins, Billings, and Jackson.

PER CURIAM:

B.E. argues that the circumstantial evidence was insufficient to support his conviction and that the testimony upon which the trial court relied was not credible. We disagree.

It "is well settled in this state that 'a conviction can be based on sufficient circumstantial evidence.'" State v. Lyman, 966 P.2d 278, 281 (Utah Ct. App. 1998) (citations omitted). "Circumstantial evidence need not be regarded as inferior evidence if it is of such quality and quantity as to justify a [determination] beyond a reasonable doubt, and is sufficient to sustain a conviction." Id. (citation omitted). Here, the circumstantial evidence, coupled with the other evidence, was sufficient to support a conviction. B.E. admitted to having shot his BB guns on the day his neighbors reported damage to their house and car windows. One of his neighbors observed boys in B.E.'s yard with BB guns, heard gunshots, glass shattering, and boys laughing. Another neighbor testified about recent BB gun damage to car windows. The police received complaints about damage to windows on the day B.E. admitted to shooting his BB guns and an officer testified that the damage was recent and was caused by BBs. B.E.'s backyard faces the area of damage and experts testified that B.E. could have caused the alleged damage by shooting his BB guns from his yard.

B.E. argues that the trial court relied too heavily on Jason Janis's testimony and that it was not credible. We disagree. As mentioned above, there was other testimony, including that of a West Jordan police officer, concerning recent damage to the vehicles on the Janis property. Also, another neighbor testified about recent damage to her property. "[I]t is the trial court's role to assess witness credibility, given its advantaged position to observe testimony first hand, and normally, we will not second guess the trial court's findings in this regard." Promax Dev. Corp. v. Mattson, 943 P.2d 247, 255 (Utah Ct. App. 1997). The trial court determined Janis's testimony was credible and based upon our review of the record, we have no reason to second-guess that assessment.

Accordingly, B.E.'s conviction is affirmed.
 
 
 
 

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Michael J. Wilkins,
Presiding Judge
 
 
 
 

______________________________
Judith M. Billings, Judge
 
 
 
 

______________________________
Norman H. Jackson, Judge