Opinion No. 3
from the District Court of the Fourth Judicial District,
State of Idaho, Ada County. Hon. Patrick H. Owen, District
Judge. Judgment and conviction, affirmed.
D. Fredericksen, State Appellate Public Defender; Elizabeth
A. Allred and Andrea W. Reynolds, Deputy Appellate Public
Defenders, Boise, for appellant. Andrea W. Reynolds argued.
Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen,
Deputy Attorney General, Boise, for respondent. Mark W. Olson
GRATTON, Chief Judge
Tyler Bahr appeals from the judgment entered upon the jury
verdicts finding him guilty of first degree murder, grand
theft, and petit theft. Bahr asserts the district court
incorrectly instructed the jury on the premeditation element
of first degree murder and challenges the sufficiency of
evidence supporting his grand theft conviction.
FACTUAL AND PROCEDURAL BACKGROUND
made arrangements with his ex-girlfriend to meet her and her
new boyfriend at the Boise Train Depot. The supposed purpose
of the meeting was for Bahr and the new boyfriend to fight.
Prior to the meeting, Bahr went to his home and took a loaded
gun from the nightstand of his mother's boyfriend. Bahr
also went to Walmart and stole a bandana which he used to
conceal his face. Bahr testified that he intended to point
the gun and scare the new boyfriend, but Bahr fatally shot
the new boyfriend in the chest after he did not act afraid of
Bahr and aggressively walked towards Bahr while making verbal
threats. A friend of his ex-girlfriend testified that Bahr
then pointed the gun at her (the friend) but Bahr ran away
when he realized the friend was not his ex-girlfriend.
was arrested later that evening after he returned home. He
was indicted by a grand jury for first degree murder,
aggravated assault with a deadly weapon enhancement for
pointing the gun at the friend of his ex-girlfriend, grand
theft for taking the gun, and petit theft for stealing the
bandana. Bahr was found guilty of murder in the first degree,
grand theft, and petit theft. The court imposed a unified
life sentence with twenty-five years determinate for first
degree murder, a concurrent unified fourteen-year sentence
with seven years determinate for grand theft, and 180 days
for petit theft. Bahr timely appeals.
contends the district court committed instructional error
requiring this Court to vacate his first degree murder
conviction. He also challenges the sufficiency of evidence
supporting his grand theft conviction.
First Degree Murder Conviction
asserts the district court committed instructional error. At
issue is the court's response to a question from the jury
during its deliberations. Whether a jury has been properly
instructed is a question of law over which we exercise free
review. State v. Severson, 147 Idaho 694, 710, 215
P.3d 414, 430 (2009). When reviewing jury instructions, we
ask whether the instructions as a whole, and not
individually, fairly and accurately reflect applicable law.
State v. Bowman, 124 Idaho 936, 942, 866 P.2d 193,
199 (Ct. App. 1993).
jury was given the following instruction concerning first
order for the defendant to be guilty of First Degree Murder
with malice aforethought, the state must prove each of the
1. On or about September 23, 2015
2. in the state of Idaho
3. the defendant Brandon Bahr engaged in conduct which caused
the death ...