2014 Unpublished Opinion No. 350
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Richard D. Greenwood, District Judge.
Judgment of conviction and concurrent unified sentence of five years with one year determinate for one count of aggravated assault and unified ten years with one year determinate for second count of aggravated assauh and enhancement, affirmed.
Sara B. Thomas, State Appellate Public Defender; Brian R. Dickson, Deputy Appellate Public Defender, Boise, for appellant. Kimberiy E. Smith argued.
Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy Attorney General, Boise, for respondent. Jessica M. Lorello argued.
Michael Paul Anderson appeals from the district court's judgment of conviction entered upon a jury verdict finding him guilty of two counts of aggravated assault, Idaho Code §§ 18-901(b), 18-905(a), and a sentencing enhancement for the use of a deadly weapon in the commission of a felony, I.C. § 19-2520. We affirm.
I. FACTUAL AND PROCEDURAL BACKGROUND
Anderson was charged with two counts of aggravated assault based on allegations that he threatened two store employees with a knife. During voir dire, one of the potential jurors, Juror 12, stated that he worked as a deputy sheriff and that he oversaw Anderson's housing unit. Anderson moved the district court for a mistrial based on Juror I2's comments, which the court denied. The district court later dismissed Juror 12 for cause. At the conclusion of the trial, the jury found Anderson guilty of both counts of aggravated assault and a weapon enhancement for use of a knife in the commission of the crime. The district court imposed a unified term of five years with one year determinate for the first count of aggravated assault and a concurrent unified term of ten years with one year determinate for the second count of aggravated assault and the weapon enhancement. Anderson timely appeals.
Anderson claims that the district court erred by denying his motion for a mistrial based on Juror 12's comments. In criminal cases, motions for mistrial are governed by Idaho Criminal Rule 29.1. A "mistrial may be declared upon motion of the defendant, when there occurs during the trial an error or legal defect In the proceedings, or conduct inside or outside the courtroom, which is ...