State v. Nastoff

LANSING, Judge.

By this appeal we are called upon to determine the state of mind or “mens rea" necessary to establish criminal culpability for malicious injury to property under I.C. § 18-7001. James P. Nastoff appeals from an order withholding judgment upon a jury’s verdict finding him guilty of felony malicious injury to property. He challenges the sufficiency of the evidence to support the verdict, the district court’s denial of his motion for acquittal and allegedly improper remarks made by the prosecutor during closing argument. Because we conclude the state did not meet its burden to…