State v. Deines

The opinion of the court was delivered by

Lockett, J.:

The State appeals the district court’s dismissal of two counts of criminal damage to property against a defendant who mowed abutting landowners’ wheat planted on a low maintenance county road. The district court found that wheat growing on a public road was an obstruction on the public right-of-way.

Richard Carl Deines was charged with two counts of misdemeanor criminal damage to property. The State’s complaint alleged that Deines damaged the wheat fields of Leary Johnson and Robert Hafliger, landowners whose properties abutted a county road…