State v. Sisneros

• Citation: 631 P.2d 856
• Decision Date: 19 May 1981
• Docket Number: No. 17278,17278
• Parties: The STATE of Utah, Plaintiff and Respondent, v. Maximilliano Luis SISNEROS, Defendant and Appellant.
• Court: Supreme Court of Utah

Page 856

631 P.2d 856

The STATE of Utah, Plaintiff and Respondent, v. Maximilliano Luis SISNEROS, Defendant and Appellant.

No. 17278.

Supreme Court of Utah.

May 19, 1981.

Walter F. Bugden, Jr., Salt Lake City, for defendant and appellant.

David L. Wilkinson, Robert N. Parrish, Salt Lake City, for plaintiff and respondent.

HALL, Justice:

Defendant appeals from a conviction of burglary of a non-dwelling. ¹

It is undisputed that in the early morning hours of May 30, 1980, defendant unlawfully entered the Salt Lake Mill and Lumber Company (hereinafter "Company"). He was discovered on the premises by Jack Merrick, a security officer employed by the Company. Merrick scuffled with defendant and eventually controlled him and called the police.

At trial, Merrick testified that he made a routine check of the Company at 1:00 a. m. on May 30, 1980, and that the interior of the business area was in order at that time: the floor was clean, the secretary's desk drawers were shut, and windows were intact. At approximately 2:50 a. m., Merrick returned to the Company for another check. He noticed that there was mud on the floor and that the secretary's desk drawer was open. He proceeded to the president's office where he found defendant standing against the wall as if he were hiding. Merrick drew his pistol and told defendant to "come out." Defendant stepped into the doorway and said, "Kill me." Merrick stepped back and defendant came out of the room and stated, "You either kill me or I will kill you if I get that gun." Defendant moved toward Merrick and grabbed him, whereupon Merrick struck defendant on the back of the head with his pistol and knocked him down. The two struggled for about 20 minutes, during which time defendant was struck with the pistol and knocked down several times. In between each of these episodes, defendant shouted profanities at Merrick, threatened to kill Merrick, his family and "ten other people," threatened that a "revolution" was coming, and boasted of how tough he was and of how many penitentiaries he had been in. Defendant was bleeding profusely from the blows to the head and finally sat down on the secretary's chair. Merrick called the police and the Company vice president to report the incident. Following the arrival of the police, Merrick went to an area where the window had been broken and observed broken glass, mud and leaves on the floor inside the office.

Leland Janke, Vice President of the Company, testified that when he had closed the business on the afternoon of May 29, he had closed the drawer to his desk, observed that the secretary's desk drawers were closed, and knew that there were no broken windows in the office. He testified that he was summoned to the Company premises by a phone call from Merrick at about 3:00 a. m. on May 30. Upon his arrival, Janke discovered that several desk drawers were open and that a window in the front of the building was broken. No property was found to be missing. Janke also testified that defendant was not authorized to be in the building.

Officers from the Salt Lake City Police Department testified regarding their investigation of the incident. Officers Barton and Jacobsen arrived at the Company and immediately handcuffed defendant. When they were met with resistance and hostility, they placed defendant on the floor, face down. Paramedics arrived and treated defendant's head wounds, after which he was transported to jail by Officer Kettenring.

The officers indicated that defendant seemed to be under the influence of alcohol at the time of his arrest. Officer Barton testified that although it was difficult to understand defendant and that he was not responding to questions, defendant was making sense in what he said. Officer Kettenring testified that, in his opinion, defendant was drunk but that his words were clear and understandable, and that defendant responded to questions and followed instructions. Officer Kettenring also testified that although he staggered slightly, defendant had no trouble walking to the jail from the patrol car and that he appeared to be aware of what was going on around him.

Meredith Hess, employed in the medical dispensary at the Salt Lake County Jail, testified that when defendant arrived at the jail, she was asked to examine him for injuries. In her opinion, defendant's lacerations required medical treatment, but he refused to submit to any treatment. She testified that defendant appeared to be under the influence of intoxicants but that he responded coherently to her questions and requests.

Defendant took the stand and admitted to formerly having been convicted of the crime of burglary. He also testified that he became intoxicated on the night of May 29. He stated that he began to drink with friends at around noon, and that he drank about twelve cans of beer, one-third of a fifth of tequila, and one-third of a fifth of bourbon. At 3:00 p. m., defendant walked to a nearby bar where he drank beer until he was refused further service. He then left with a lady friend who drove her car to a liquor store. There, they purchased a pint of tequila, a pint of "Southern Comfort" and two six-packs of beer. The two sat in the car and drank before going to a "disco" on Redwood Road. Defendant said he didn't remember leaving the disco, or anything that happened thereafter.

Dr. Louis Moench also testified for the defense. Dr. Moench stated that if defendant drank what he said he did on the day in question, he would have been "seriously intoxicated." He further testified that the consumption of such an amount of alcohol would seriously impair one's ability to form intent. The doctor also felt that the lack of ability to form intent was in no way inconsistent with a person's ability to do more simple, "automatic" things, such as turning the handle of a door and opening it, breaking a window, or even driving a car. On cross-examination, Dr. Moench stated that it is possible for a person to be impaired and still to know that which he is doing, as well as to intend that which he is doing.

After weighing the evidence, the jury returned a verdict of guilty. Defense counsel moved for judgment notwithstanding the verdict, which motion was denied. This appeal followed.

To be found guilty of burglary of a non-dwelling, a person must 1) enter or remain unlawfully in a building, not a dwelling, and 2) do so with the intent to commit a theft. Defendant admits that the first element is clearly satisfied in that he forced entry into the building, and that he was not authorized therein. Defendant challenges, however, the sufficiency of the evidence as it relates to his intent to commit a crime. Specifically, defendant claims that the evidence was insufficient to prove his intent to commit theft, although he admits that he unlawfully entered the premises. Furthermore, he contends that his intoxicated condition prevented him from forming the requisite specific...