Opinion No. 54
from the District Court of the Fourth Judicial District,
State of Idaho, Ada County. Hon. Samuel A. Hoagland, District
withholding judgment, affirmed.
D. Fredericksen, State Appellate Public Defender; Andrea W.
Reynolds, Deputy Appellate Public Defender, Boise, for
Lawrence G. Wasden, Attorney General; Jessica M. Lorello,
Deputy Attorney General, Boise, for respondent.
Dawn Nuse appeals from the district court's order
withholding judgment after a jury found her guilty of battery
against health care workers. Nuse argues the State's
evidence was insufficient to support the verdict. The
district court's order withholding judgment is affirmed.
AND PROCEDURAL BACKGROUND
2015, Nuse went to the emergency room complaining of
abdominal pain. A doctor examined Nuse and ordered a number
of tests based on her complaints. The doctor also ordered
intravenous fluids which began to be administered to Nuse
early in her hospital stay. Nuse was offered a pain
medication, but refused it. The doctor's examination did
not indicate the need to take emergency action, so the doctor
recommended Nuse be discharged and for her to follow up with
her primary care doctor. Upset, Nuse told the doctor she
thought he did not address her pain appropriately and she
asked for more testing, which the doctor said was
unnecessary. Nuse began cursing at the doctor, she stood up
on her gurney, and the doctor started backing out of the
room. Nuse then pulled out her IV and flung it at the doctor.
While the IV itself did not make contact with the doctor, IV
fluid made contact with the doctor's glasses and two
drops of blood made contact with the doctor's right
cheek. The doctor called for security and law enforcement.
was charged with battery against health care workers in
violation of Idaho Code §§ 18-903 and 18-915C. At
trial, the jury was instructed that the State had to prove,
among other elements, that Nuse committed a battery on the
doctor "by ripping out her IV and throwing it at him,
striking him in the face with fluids from the IV line."
The district court further instructed the jury that:
"Battery is committed when a person actually
intentionally and unlawfully touches or strikes another
person against the will of the other, " mirroring the
language from I.C. § 18-903(b). The jury returned a
guilty verdict. The district court entered a withheld
judgment and placed Nuse on probation for three years. Nuse
timely appeals to this Court.
review of the sufficiency of the evidence is limited in
scope. A finding of guilt will not be overturned on appeal
where there is substantial evidence upon which a reasonable
trier of fact could have found that the prosecution sustained
its burden of proving the essential elements of a crime
beyond a reasonable doubt. State v. Herrera-Brito,
131 Idaho 383, 385, 957 P.2d 1099, 1101 (Ct. App. 1998);
State v. Knutson, 121 Idaho 101, 104, 822 P.2d 998,
1001 (Ct. App. 1991). We will not substitute our view for
that of the trier of fact as to the credibility of the
witnesses, the weight to be given to the testimony, and the
reasonable inferences to be drawn from the evidence.
Knutson, 121 Idaho at 104, 822 P.2d at 1001;
State v. Decker, 108 Idaho 683, 684, 701 P.2d 303,
304 (Ct. App. 1985). Moreover, we will consider the evidence
in the light most favorable to the prosecution.
Herrera-Brito, 131 Idaho at 385, 957 P.2d at 1101;
Knutson, 121 Idaho at 104, 822 P.2d at 1001.
"[A] criminal defendant need not move ...