State v. Rivas

¶1 — Benjamin Rivas appeals his second degree assault1 and second degree malicious mischief2 convictions, arguing that (1) the State’s charging document was both legally and factually deficient and (2) the trial court’s malicious mischief jury instruction relieved the State of its burden of proving every essential element of the crime. We agree the charging document was deficient and we reverse Rivas’s malicious mischief conviction, but we affirm his second degree assault conviction.

FACTS

¶2 Rivas believed that someone driving a green Honda broke all of the windows out of his father’s van.…