State v. Caldwell

SWANSTROM, Judge.

A jury found Barry Caldwell guilty of grand theft. Caldwell moved for a new trial, contending that he had located a previously unavailable witness who could offer new evidence to support Caldwell’s defense. The district court granted the motion. The state appeals, asserting that Caldwell’s newly discovered evidence does not meet the requirements for granting a new trial. We affirm.

The record reveals the following facts. In October, 1984, Hazel Tolman moved from Idaho to Utah. Barry Caldwell helped her move some of her personal property to Utah. Tolman left other items of…