State v. Hoffman, 17641
| Decision Date | 07 July 1989 |
| Docket Number | No. 17641,17641 |
| Citation | 116 Idaho 480,776 P.2d 1199 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Maxwell HOFFMAN, Defendant-Appellant. |
| Court | Idaho Court of Appeals |
Van G. Bishop, Nampa, for defendant-appellant.
Jim Jones, Atty. Gen., Michael J. Kane, Deputy Atty. Gen., Boise, for plaintiff-respondent.
Maxwell Hoffman was convicted in the district court for Canyon County of aiding and abetting second degree kidnapping. I.C. §§ 18-204, -4501, -4503. For this offense, Hoffman received a unified sentence of ten years, with a five-year minimum period of confinement. On appeal, Hoffman contends that his conviction was reached by compromise due to the trial judge's refusal to grant him a judgment of acquittal on a related charge of extortion. For the reasons explained below, we affirm the judgment of conviction.
The following facts are pertinent to this appeal. Hoffman was charged with aiding and abetting in the kidnapping, and aiding and abetting in the extortion, of Ricky Simonis on December 7, 1987. At trial, the state's case against Hoffman consisted primarily of Simonis' testimony. Simonis testified that he was abducted from his home by Hoffman and two other men, Ronnie Wages and Richard Holmes. Simonis stated that he was placed in an automobile with the three men and taken to Holmes' residence. Hoffman drove the vehicle. Simonis further testified that, prior to arriving at Holmes' residence, the men stopped at a convenience store, where--as Simonis was being held by Hoffman--Wages beat him. When the men reached Holmes' residence, Simonis testified that he was placed in a chair while another man, Victor Guzzy, shoved the barrel of a gun into Simonis' mouth, apparently in an effort to force Simonis to sign a bill of sale turning Simonis' truck over to Holmes for payment of a drug related debt. Simonis stated that, at some time during the altercation, he heard Hoffman say that he would like to break Simonis' jaw. Simonis also testified that, while Guzzy held the gun in his mouth, someone standing behind him--either Hoffman or Wages--repeatedly struck him on the back of his head, pushing the gun barrel farther down his throat. Simonis also stated that Hoffman held Holmes' gun in his hand while Simonis signed the bill of sale. At Holmes' request, Simonis dated the bill of sale for November 29, 1987, several days before his abduction. Simonis was then taken from Holmes' residence and was supposedly to be driven home by two of his assailants. However, Simonis was rescued by the Nampa City Police shortly after leaving Holmes' residence.
At the close of the state's case, Hoffman moved for acquittal on both the kidnapping and extortion charges, arguing that the state had failed to show sufficient evidence of Hoffman's involvement in the alleged crimes. The trial court denied Hoffman's motion regarding the kidnapping charge, but reserved ruling on the extortion charge until after the defendant presented his evidence. In defense, Hoffman called two witnesses. Debra Holmes, the wife of Richard Holmes, testified that, although Hoffman, Wages, Simonis and her husband were present at her home on the evening in question, there had been no altercation between the other men and Simonis. The second witness, Kenneth Hunnicutt, testified that he had helped Simonis prepare the bill of sale on November 29, 1987, several days before the alleged kidnapping and extortion.
At the close of his defense, Hoffman again renewed his argument for acquittal on the extortion charge, contending that the evidence against him was "weak." However, the trial judge decided to let the jury consider the extortion charge. He stated:
I think that it is a thin case at best, a prima facie case against this defendant on the extortion charge.... [I]f in the final analysis I think the evidence was insufficient to support the conviction, you can renew your motion for a judgment notwithstanding the verdict. If the jury does what I think they will do, and that is acquit him on that charge [extortion], then it is a moot question.
The jury found Hoffman guilty of aiding and abetting second degree kidnapping, but acquitted him of committing extortion. On appeal, Hoffman contends that, by erroneously submitting the extortion charge to the jury, the court created a situation in which the...
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Hoffman v. Arave
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