State v. Suiter

PERRY, Judge.

Patrick S. Suiter appeals from his judgments of conviction for felony malicious injury to a canal and misdemeanor resisting and obstructing officers.1 We vacate and remand.

I

FACTS AND PROCEDURE

On October 30, 1999, law enforcement officers responded to a call from a watermaster in Canyon County who reported that Suiter was using a backhoe to dig in a canal located along the northern boundary line of property owned by Suiter’s wife. Suiter and his wife had been involved in a dispute with the ditch company that owned, used, and maintained the canal for agricultural purposes. This…