State v. TealeAnnotate this Case
After a trial, Defendant was found guilty of disorderly conduct. The district court sentenced Defendant to six months of probation, seventy-five hours of community service, and $105 in fees and assessments. Defendant appealed, arguing that there was insufficient evidence to support his conviction because the evidence failed to prove that she engaged in “tumultuous behavior” within the meaning of the disorderly conduct statute. The intermediate court of appeals (ICA) affirmed the conviction, concluding that the prosecution presented substantial evidence to show that Defendant engaged in tumultuous behavior. The Supreme Court reversed the ICA’s judgment and the district court’s order, holding that the State did not present substantial evidence that Defendant’s conduct was “tumultuous” within the meaning of the disorderly conduct statute, and therefore, there was insufficient evidence to support the conviction.