J.B.A. v. State (In re J.B.A.)

J.B.A. v. State (In re J.B.A.)

IN THE UTAH COURT OF APPEALS

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State of Utah, in the interest of J.B.A., a person under eighteen years of age.

______________________________

J.B.A.,

Appellant,

v.

State of Utah,

Appellee.

MEMORANDUM DECISION
(Not For Official Publication)
 

Case No. 20030746-CA
 

F I L E D
(December 2, 2004)
 

2004 UT App 450

 

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Second District Juvenile, Farmington Department

The Honorable Stephen A. Van Dyke

Attorneys: Philip C. Patterson, Ogden, for Appellant

Mark L. Shurtleff and Joanne C. Slotnik, Salt Lake City, for Appellee

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Before Judges Bench, Orme, and Thorne.

BENCH, Associate Presiding Judge:

    J.B.A. appeals the juvenile court's delinquency adjudication of one count of riot. See Utah Code Ann. § 76-9-101 (2003). We affirm.

    J.B.A. contends that the juvenile court did not have sufficient evidence to support its adjudication. "When reviewing a conviction, an appellate court should consider the facts in a light most favorable to the verdict." State v. Layman, 1999 UT 79,¶12, 985 P.2d 911. "The mere existence of conflicting evidence . . . does not warrant reversal." State v. Warden, 813 P.2d 1146, 1150 (Utah 1991). Rather, "[a]n appellate court should overturn a conviction for insufficient evidence [only] when it is apparent that there is not sufficient competent evidence as to each element of the crime charged for the fact-finder to find, beyond a reasonable doubt, that the defendant committed the crime." Layman, 1999 UT 79 at ¶12. Utah Code section 76-9-101(1)(b) provides that "[a] person is guilty of riot if . . . he assembles with two or more other persons with the purpose of engaging, soon thereafter, in tumultuous or violent conduct, knowing, that two or more other persons in the assembly have the same purpose." Utah Code Ann. § 76-9-101(1)(b).

    In this case, the evidence clearly supports the juvenile court's adjudication. The testimony of the witnesses indicated that J.B.A. was aware that his friends were gathering weapons and preparing to return to the school to "settle some differences." J.B.A. had several opportunities to avoid the confrontation and go home, but he made a conscious decision to remain with his friends. He exited the vehicle and, while not actively participating in the fight, stood with his friends as part of their show of force. J.B.A. conceded that his presence at the fight was important and that, if one of his friends was getting beaten up, he would be expected to join and defend him. Thus, the evidence was sufficient to support the adjudication.

    J.B.A. also argues that his actions do not amount to accomplice liability within the provision of Utah Code section 76-2-202. See Utah Code Ann. § 76-2-202 (2003). However, this argument is misguided because, as indicated above, the evidence is sufficient to conclude that J.B.A. committed riot as a principal.

    Accordingly, we affirm the juvenile court's adjudication.

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Russell W. Bench,

Associate Presiding Judge

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WE CONCUR:

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Gregory K. Orme, Judge

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William A. Thorne Jr., Judge