State v. Guthmiller

ZINTER, Justice.

[¶ 1.] A jury found Richard Guthmiller guilty of eight counts of making false or fraudulent sales tax returns. On appeal, Guthmiller argues that the circuit court erred in denying his Batson challenges to three peremptory strikes exercised by the State. He also argues that the court erred in denying his motion for judgment of acquittal. We affirm the circuit court’s denial of the motion for judgment of acquittal, but we remand for the court to undertake the required Batson analysis.

Facts and Procedural History

[¶ 2.] In 1995, Richard Guthmiller moved to Rapid City where he…