2014 Opinion No. 45
Appeal from the District Court of the First Judicial District, State of Idaho, Kootenai County. Hon. Fred M. Gibler, District Judge.
Order granting motion for judgment of acquittal, affirmed.
Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.
Malcolm S. Dymkoski, Coeur d'Alene, for respondent.
MELANSON, Judge. Judge LANSING and Judge GRATTON, CONCUR.
[156 Idaho 360] MELANSON, Judge
The state appeals from the district court's order granting Darrick Donahue Johnson's motion for judgment of acquittal after a jury found Johnson guilty of grand theft by unauthorized control. For the reasons set forth below, we affirm.
FACTS AND PROCEDURE
Johnson is the president and sole shareholder of Edge Performance, Inc., a business that sold and serviced recreational motor vehicles. In the summer of 2011, Edge became an authorized Kawasaki dealer. In October 2011, Johnson was approached by Steve Beaudry for the purpose of purchasing four Kawasaki motorcycles for use in Beaudry's business. Beaudry was the co-owner of Beaudry Motors, Inc. (BMI), which specialized in modifying a particular type of Kawasaki motorcycle for use by law enforcement organizations. The business had previously been an authorized Kawasaki dealer but lost its dealer status in August 2011. To obtain the motorcycles needed for his business, Beaudry was required to order them through an authorized dealer, such as Edge.
The agreement between Johnson and Beaudry was not reduced to writing. Instead, the agreement, as indicated by the testimony of the parties, was as follows. Johnson was to order the motorcycles from Kawasaki and sell them to Beaudry at invoice. Johnson would then receive a five percent Kawasaki dealer " holdback" for each motorcycle, netting him a small profit. Beaudry gave Johnson a check for $55,256--the invoice price of the four Kawasaki motorcycles. Johnson deposited the check into Edge's business account. The funds were commingled with Johnson's other business funds and used for other ...