State v. Gardner

Jacob Gardner used his foster brother’s police radio, keying the microphone, playing music, talking on the radio, and imitating a sheriff. Gardner was charged with, and convicted of, second degree malicious *543mischief.1 On appeal, Gardner argues that there was insufficient evidence to prove: (1) that he “physically damaged or tampered with” a police radio; and (2) that a police radio frequency is a “mode of public communication.” We affirm.

FACTS

After the trial court denied Gardner’s KnapstacL2 motion, the parties submitted the case to the bench on the following stipulated facts:

a. On November…