2014 Opinion No. 103
Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. D. Duff McKee, District Judge. Hon. Brian D. Lee, Magistrate. Hon. Karen J. Vehlow, Magistrate.
Order of the district court dismissing appeal (Docket No. 41997), reversed and case remanded; order of the district court dismissing appeal (Docket No. 41998), affirmed.
Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.
Sara B. Thomas, State Appellate Public Defender; Ben P. McGreevy, Deputy Appellate Public Defender, Boise, for respondent. Ben P. McGreevy argued.
GRATTON, Judge. Chief Judge GUTIERREZ and Judge LANSING CONCUR.
A criminal complaint against John Huey Daniels was dismissed by a magistrate after the preliminary hearing. The State refiled the complaint and a second magistrate again dismissed the complaint following a preliminary hearing. The State appealed both orders to the district court and the district court dismissed the appeals. The district court determined that the State could not appeal the dismissal of a complaint at the preliminary hearing stage.
FACTUAL AND PROCEDURAL BACKGROUND
In 2009, the State filed a complaint charging Daniels with one count of damage to or destruction of insured property (Docket No. 41997). Idaho Code § § 41-294; 18-204. Daniels allegedly arranged to have a friend's minivan set on fire so the friend could collect the insurance money, although he did not personally set the fire. The complaint alleged that the crime occurred in April 2008. Although an arrest warrant was issued the same day the complaint was filed, Daniels was not arrested until September 2013.
At the preliminary hearing held in November 2013, the magistrate dismissed the complaint upon a finding of no probable cause. On the same day, the State refiled the complaint bringing the same charge (Docket No. 41998). Following a preliminary hearing in December 2013, a different magistrate dismissed
the complaint because the statute of ...