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State v. Harmon

Court of Appeals of Idaho

January 22, 2014

STATE OF IDAHO, Plaintiff-Respondent,
v.
MARY K. HARMON, Defendant-Appellant.

UNPUBLISHED OPINION

2014 Unpublished Opinion No. 331

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. John K. Butler, District Judge. Hon. Thomas D. Kershaw, Jr., Magistrate.

Order of the district court, on intermediate appeal from the magistrate, affirming judgment of conviction for owning a vicious dog, affirmed.

Mary K. Harmon, Twin Falls, pro se appellant.

Hon. Lawrence G. Wasden, Attorney General; Mark W. Olson, Deputy Attorney General, Boise, for respondent.

MELANSON, Judge

Mary K. Harmon appeals from the district court's order, entered in its appellate capacity, affirming Harmon's judgment of conviction before a magistrate for owning a vicious dog. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Harmon and the Stone family are neighbors. Harmon owns a mastiff named Sage and the Stones own a yellow lab named Chance. On May 17, 2012, Sage and Chance were outside in their respective yards. A single chain-link fence separated the two yards. Two of the Stone grandchildren were also outside with Chance. At some point, the Stone grandchildren ran inside and alerted Kristine Stone[1] (their grandmother) to an incident in the yard. Kristine went outside and observed Sage on top of Chance in the Stones' yard. Kristine observed Sage bite Chance and latch onto Chance's leg. Chance lay on his back, unable to fight back. Kevin Stone (Kristine's husband) also came outside and eventually separated the two dogs. In the aftermath, Kristine discovered Chance suffered puncture wounds to his leg and an injured shoulder. Kristine contacted law enforcement and an officer responded. After investigating the incident, the officer issued a citation to Harmon for owning a vicious dog in violation of Twin Falls City Code 6-4-14(I). The officer requested that Amanda Stone (Kristine's daughter) sign the citation, despite Amanda not being present at the residence at the time of the incident. Harmon contested the infraction at a trial and the magistrate found her guilty of owning a vicious dog. Harmon appealed and the district court affirmed the conviction. Harmon again appeals.

II.

STANDARD OF REVIEW

For an appeal from the district court, sitting in its appellate capacity over a case from the magistrate division, this Court examines the record from the magistrate court to determine whether there is substantial and competent evidence to support the magistrate's findings of fact and whether the magistrate's conclusions of law follow from those findings. State v. DeWitt, 145 Idaho 709, 711, 184 P.2d 215, 217 (Ct. App. 2008). This Court then affirms or reverses ...


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