from the District Court of the Fifth Judicial District of the
State of Idaho, Blaine County. Jonathan P. Brody, District
judgment of the district court is affirmed.
Don Fredericksen, State Appellate Public Defender, Boise for
Appellant. Jenevieve C. Swinford argued.
Lawrence G. Wasden, Idaho Attorney General, Boise, for
Respondent. Kenneth K. Jorgensen argued.
NATURE OF THE CASE
a seven-day trial, a Blaine County jury found Chad
Schiermeier guilty of grand theft. Schiermeier appeals from
his judgment of conviction, arguing that the State did not
prove the elements of grand theft beyond a reasonable doubt.
Schiermeier also argues that the district court abused its
discretion by imposing an excessive sentence. For the reasons
stated below, we affirm.
FACTUAL AND PROCEDURAL BACKGROUND
early 1990s, the Blaine County Sheriff's Office started
Blaine County DARE/PAL Inc. ("DARE/PAL"). According
to its articles of incorporation, DARE/PAL was organized
exclusively for charitable and educational purposes within
the meaning of 26 U.S.C. § 501(c)(3) in order "to
foster, promote, encourage and increase the knowledge, and
understanding of alcohol and drug addictions or related
problems." Art. III, Art. of Inc. To further its
purpose, DARE/PAL offered outdoor-related group activities
during the summer months to children between the ages of nine
and sixteen. Some of the activities included hiking, golfing,
fishing, rafting, and attending baseball games. The
activities were primarily funded by the Blaine County
Sheriff's Office through drug forfeiture funds and by
local philanthropists through donations and grants.
Schiermeier was a deputy sheriff for the Blaine County
Sheriff's Office from 1999 to 2015, serving as a middle
school resource officer and the director of DARE/PAL. In
2002, in accordance with the DARE/PAL bylaws,  the board of
directors appointed Schiermeier to be the manager of
bylaws and articles of incorporation gave the manager, and
therefore Schiermeier, wide discretion and authorization to
spend the DARE/PAL funds in furtherance of the program:
Duties. All corporate powers shall be exercised by
or under the authority of and the affairs of the nonprofit
corporation managed under the direction of the Board of
Directors, except the Manager is authorized to exercise
corporate powers, as set forth in the Articles of
Incorporation and these By-laws. The board of directors may:
. . . .
(f)audit bills and disburse funds of the corporation;
(h) determine what, if any, compensation shall be paid to a
director of a project; and
(i) devise and carry into execution such other measures as it
deems proper and expedient to promote the objects of the
nonprofit corporation and to best protect the interests and
welfare of its members.
section 4, Bylaws. "A manager is authorized to exercise
some or all of the powers which would otherwise be exercised
by or under the authority of the Board of Directors."
Art. IX, Art. of Inc. In order to effectively carry out his
managerial duties, the board named Schiermeier an authorized
user of the DARE/PAL bank account.
Schiermeier's appointment as manager, the board slowly
became inactive, neglecting its duties and entrusting
Schiermeier to handle all things related to DARE/PAL. By
2009, Schiermeier was the sole corporate officer involved in
running the affairs of the program.
2015, a charitable group called 100 Men Who Care donated
approximately $5, 100 to DARE/PAL. Shortly thereafter, the
group followed up with Schiermeier's supervisor,
Lieutenant Carpita, to see how their donation had been spent.
Carpita in turn asked Schiermeier. Several months went by
with vague responses, if any, from Schiermeier. Finally, in
November 2015, after more than three months of requests and
meetings, Schiermeier provided Carpita with the requested
DARE/PAL bank records. After reviewing the records, Carpita
became suspicious after he noticed "a lot of cash
withdrawals through the ATM . . . during times when the PAL
activities were not going on." Consequently, Carpita
decided to have the matter independently investigated by the
Idaho State Police.
bank records revealed that from 2009 to 2015, Schiermeier
made several extravagant purchases of high-end outdoor
equipment and clothing, including $2, 365.91 for Swarovski
binoculars, $429.00 for a single sleeping bag, $292.40 for
safari-grade hunting ammunition, $1, 459.90 for two camera
lenses, $69.00 for a goose down pillow, and $617.52 for
mountaineering boots, gaiters, and a watch. Schiermeier also
made multiple cash withdrawals totaling $17, 745.00 in 2009,
$17, 120.00 in 2010, $19, 765.00 in 2011, $13, 320.00 in
2012, $12, 200.00 in 2013, $4, 260.00 in 2014, and $7, 820.00
the independent investigation by the Idaho State Police, the
State charged Schiermeier with one count of grand
theft. The information alleged the following:
That the Defendant, CHAD R. SCHIERMEIER, on or about January,
2009, up to and including December, 2015, in the County of
Blaine, State of Idaho, did wrongfully take, and/or obtain,
and/or withhold, and/or exercise unauthorized control over,
lawful money of the United States, with an aggregate value in
excess of one thousand dollars ($1, 000.00), from the owner,
Blaine County D.A.R.E/P.A.L., INC., with the intent to
deprive another of property, and/or to appropriate to himself
certain property of another, and/or to appropriate to a third
person certain property of another, to-wit: through a common
scheme or plan did unlawfully, and without authority,
withdraw monies from U.S. Bank account number XXXX-8338 by
cash, and/or check withdrawals, and/or the use of a financial
transaction card, Visa debit card number XXXX-7161 and/or
XXXX-1876, from an account exclusively for the use of the
Blaine County D.A.R.E./P.A.L., INC., to purchase merchandise
and/or withdraw money for his personal use where the
aggregate amounts of the separate incidents exceed one
thousand dollars ($1000.00), in violation of Idaho Code
§§ 18-2403(1), 18-2407(1)(b)(1), 18-2408(2)(a)
GRAND THEFT, a FELONY.
jury trial commenced on August 23, 2017. After the State
rested its case, Schiermeier moved for a judgment of
acquittal pursuant to Idaho Criminal Rule 29(a). The district
court denied his motion. At the end of the trial, the jury
returned a verdict of guilty. Schiermeier once again moved
for a judgment of acquittal pursuant to Rule 29(c), or in the
alternative, a new trial pursuant to Rule 34. Schiermeier
subsequently withdrew his motion because it was untimely.