State v. Toohey

[¶ 31.] I respectfully dissent. “Our review of the sufficiency of the evidence is de novo.” State v. Plenty Horse, 2007 S.D. 114, ¶ 5, 741 N.W.2d 763, 764 (quoting State v. Tofani, 2006 S.D. 63, ¶ 35, 719 N.W.2d 391, 400). When reviewing a claim of insufficiency of the evidence, the question is “whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” People ex rel. W.T.M., 2010 S.D. 45, ¶ 15, 785 N.W.2d 264, 267 (quoting In re J.H., 2008 S.D. 88, ¶ 13, 756…