State v. Haugen

• Citation: 448 N.W.2d 191
• Decision Date: 20 November 1989
• Docket Number: No. 890048,890048
• Parties: STATE of North Dakota, Plaintiff and Appellee, v. Scot A. HAUGEN, Defendant and Appellant. Crim.
• Court: United States State Supreme Court of North Dakota

Page 191

448 N.W.2d 191

STATE of North Dakota, Plaintiff and Appellee, v. Scot A. HAUGEN, Defendant and Appellant.

Crim. No. 890048.

Supreme Court of North Dakota.

Nov. 20, 1989.

Brian D. Grosinger, Asst. State's Atty., Mandan, for plaintiff and appellee.

Deborah J. Carpenter, Bismarck, for defendant and appellant.

VANDE WALLE, Justice.

This is an appeal by Scot A. Haugen from a district court judgment finding him guilty of one count of accomplice to burglary, a Class C felony, in violation of Sections 12.1-03-01 and 12.1-22-02 of the North Dakota Century Code. Haugen contends that the evidence, particularly the evidence to corroborate the accomplice's testimony, was insufficient to sustain the conviction. We affirm.

On September 3, 1987, the Mandan Community Center was burglarized. Entry into the Community Center was accomplished by breaking a glass door on the south side of the building. Inside, several video machines had been pried open and the coins deposited in the machines had been stolen. Approximately $400 in quarters was taken from the video machines.

On September 4, 1987, the Mandan police department alerted area banks to be on the lookout for individuals who would be turning in large amounts of quarters for currency. During the day, two men in a vehicle entered the drive-up lane of a teller at the Highway 83 branch of United Bank in Bismarck. The teller gave the men a number of quarter wrappers. The two men took the wrappers and parked in the parking lot for approximately 20 minutes. One of the men, Donald Haff, left the car and walked into the bank to exchange $80 worth of quarters for currency. The police were notified, and Officer Donald Schaffer of the Bismarck police department arrived at the scene. Officer Schaffer detained Donald Haff and the driver of the automobile, Scot Haugen, until officers from the Mandan police department could arrive. Chief Rohr, Lieutenant Hoff, Deputy Chief Bullinger, and other law-enforcement officers from the Mandan police department eventually arrived at United Bank, conducted a brief investigation at the scene, and arrested Haff and Haugen. The car driven by Haugen, a 1977 red Corvette with personalized plates "RIP OFF," was impounded by the Mandan police. It was towed from United Bank to the secured police garage in Mandan. A warrant to search the vehicle was procured by the Mandan police. During the subsequent search of the vehicle by Deputy Chief Bullinger, various photographs were taken of the interior of the car and a number of items were seized from the passenger compartment marked as evidence, and placed into a police-evidence locker. Included in the items seized were a large number of rolled and loose quarters found wrapped in a white towel, a tire iron, and three screwdrivers.

Haff initially told law-enforcement officers that he had received a check from his mother as an early birthday gift, cashed it into quarters, and then later decided that he wanted paper currency. Eventually, however, Haff entered into an agreement with the Morton County State's Attorney's office in which the State's Attorney agreed that any charges against him would be dropped in return for his cooperation and testimony in the prosecution of Haugen. Haff told the State's Attorney that he and Haugen had planned the burglary of the Community Center. Haff indicated that he broke into the Community Center while Haugen acted as his driver and lookout. Haugen was subsequently charged with one count of accomplice to burglary, a Class C felony, under Sections 12.1-03-01 and 12.1-22-02, N.D.C.C.

During trial, Haff testified that on September 2, 1987, he and Haugen planned the break-in at the Community Center. Haff further testified that on September 3, 1987, he and Haugen traveled to Wing where Haugen's brother had a red Corvette in storage, and that, upon taking the vehicle, Haugen proceeded to drive it back to Mandan. Haff testified that, once in Mandan, he and Haugen stopped briefly at Corral Sales and then proceeded to the mobile home of Lanette Stuhmiller where they visited with Stuhmiller and Sharon Weber. Haff stated that upon leaving Stuhmiller's mobile home, he and Haugen drove the Corvette to the Mandan Community Center. Haff testified that at approximately 11:30 p.m. he broke through a glass door on the south side of the Community Center, entered the building, pried open the video machines with a tire iron and some screwdrivers, and removed the quarters from the machines. Haff stated that he placed the tools used during the break-in behind a seat in the Corvette. Haff noted that Haugen's job during the burglary was to drive the car and to serve as a lookout while he was inside the Community Center. Haff related that after the break-in he and Haugen drove to Bismarck where Haugen subsequently telephoned Weber and Stuhmiller. Haugen asked Weber and Stuhmiller to obtain a hotel room for himself and Haff. Haff testified that Weber and Stuhmiller obtained a room at the Comfort Inn, and that he and Haugen stayed at the Comfort Inn during the night. Haff stated that on the following morning, September 4, 1987, the two of them dumped all the quarters into a white towel from the Comfort Inn and left the hotel to obtain some wrappers for the quarters. Finally, Haff testified that he and Haugen exchanged approximately $80 worth of quarters for currency at a First Federal drive-up window, between $50 and $100 worth at the Bismarck State Bank, and that they were in the process of exchanging $80 worth at the United Bank when they were apprehended.

In addition to Haff's testimony, the State called a number of corroboration witnesses. The State called Weber and Stuhmiller, who testified that Haff and Haugen had visited with them prior to the time of the break-in, that Haff and Haugen were driving a red Corvette, and that they had obtained a hotel room for Haff and Haugen that evening. The State called a teller from First Federal, who testified that she received $80 worth of quarters from two men in a red Corvette on September 4, 1987, and identified the driver of the vehicle as Haugen. The State also called as a witness a teller from United Bank, who gave similar testimony. The State called Donna Gaukler, the recreational director at the Community Center, who testified as to the scene of the crime, including the broken glass door, the pried-open video machines, and the fact that approximately $400 in quarters was taken. Furthermore, the State called three police officers as witnesses. Generally, the officers gave testimony regarding the scene of the break-in, the arrest of Haff and Haugen, the search of the Corvette and seizure of the evidence therein, and the agreement reached with Haff concerning Haff's testimony and cooperation with the police. The State introduced into evidence the $80 worth of quarters in Haff's possession at United Bank, a white towel containing various amounts of rolled and loose quarters, and the tire iron and three screwdrivers that Haff testified he used during the break-in.

After the State rested its case, Haugen moved for a directed verdict. Haugen claimed that, as a matter of law, the corroboration of Haff's testimony against Haugen was insufficient. Haugen's motion for a directed verdict was denied by the trial court. In his defense, Haugen called two witnesses. One witness testified that he was familiar with the red Corvette and that Haugen had taken it out of storage for some needed repairs. Haugen's second witness was his mother, who testified that Haugen was sporadically employed in the family's painting business and thus had other sources of income at the time he was alleged to be involved in the burglary.

The case was submitted to a jury, which returned a verdict of guilty. Haugen subsequently filed a timely notice of appeal.

On appeal, Haugen raises a number of related issues. First, Haugen claims that the trial court erred in denying his motion for a directed verdict because the corroboration evidence presented was insufficient as a matter of law. Haugen also argues, on the ground of relevancy, that the trial court erred in admitting the $80 worth of quarters found in Haff's possession at United Bank. He contends that the trial court improperly admitted the tire iron and screwdrivers into evidence because the State failed to prove a proper chain of custody. Finally, Haugen claims that there was insufficient evidence to sustain a guilty verdict.

First, Haugen contends that the trial court erred in denying his motion for a directed verdict because, as a matter of law, the corroboration of Haff's testimony was insufficient. Section 29-21-14, N.D.C.C., provides:

"A conviction cannot be had upon the testimony of an accomplice unless he [sic ] is corroborated by such other evidence as tends to connect the defendant with the commission of the offense, and the corroboration is not sufficient if it merely shows the commission of the offense, or the circumstances thereof."

The purpose of corroborating evidence is to show that accomplices are reliable witnesses and worthy of credit. See State v. Smith, 238 N.W.2d 662 (N.D.1976). See also 1 Underhill's Criminal Evidence Sec. 182 (6th Ed.1973). However, under Section 29-21-14 it is not necessary to corroborate every fact testified to by an accomplice. See State v. Neurohr, 376 N.W.2d 805 (N.D.1985); State v. Thorson, 264 N.W.2d 441 (N.D.1978); State v. Smith, supra. All that is required is that the evidence, circumstantial or otherwise, corroborate the testimony of an accomplice as to some material fact or facts, and tends to connect the defendant with the commission of the crime. See State v. Neurohr, supra; State v. Lind, 322 N.W.2d 826 (N.D.1982); State v. Thorson, supra; State v. Smith, supra; State v. Binns, 194 N.W.2d 756 (N.D.1972). It is not necessary that the corroborating evidence be sufficient, in itself, to warrant a conviction or establish a prima facie case. See State v. Thompson...