L. Boyer appeals the juvenile court's adjudication of
guilt in his trial for second degree reckless burning, as
well as his manifest injustice disposition at sentencing. He
argues that (1) the juvenile court's finding of fact 5,
concerning his actions just before the fire, is unsupported
by substantial evidence, (2) he received ineffective
assistance of counsel when his counsel failed to make a
motion to dismiss at the close of the State's case
because the State failed to provide independent evidence of
the corpus delicti for second degree reckless burning, and
(3) if the State prevails on appeal, we should decline to
impose appellate costs. In his statement of additional
grounds (SAG), he contends that the juvenile court improperly
imposed a manifest injustice disposition on account of his
risk of re-offending, resulting in an impermissibly long
conclude that substantial evidence supports finding of fact
5, we hold that Boyer did not receive ineffective assistance
of counsel, and we decline to impose appellate costs on him.
Furthermore, because the issue related to his manifest
injustice disposition has already been decided by our court
commissioner and we denied Boyer's motion to modify the
commissioner's ruling, we decline to reach this issue.
Accordingly, we affirm the juvenile court.
5, 2015, Donald Hanson Jr. pulled into the Valley
Cleaners' parking lot and noticed Boyer sitting in the
adjacent alley. Hanson and Boyer acknowledged each other
as Hanson went inside Valley Cleaners. Hanson saw Boyer
handling something in his hand and doing something next to
himself, but could not determine what he had or was doing.
About two minutes later, someone came inside Valley Cleaners
and said that there was a fire outside. Several people,
including Hanson, began attempting to put it out. Hanson
noticed that the fire was exactly where Boyer had been
one or two minutes, Officer Jason Capps arrived at Valley
Cleaners and witnesses stated that a potential suspect had
recently left the alley. Officer Capps began searching the
area and encountered Boyer, who matched the witnesses'
description of the suspect, about two blocks away from Valley
Cleaners. Another officer brought Hanson to Officer Capps,
and Hanson identified Boyer as the person whom he saw in the
alley. Officer Capps asked Boyer "if he only meant to
start a small fire, " and he told Officer Capps that
"he didn't mean to start the fire and that it just
got out of control." Verbatim Report of Proceedings
(VRP) (Feb. 4, 2016) at 9. The State charged Boyer with
second degree reckless burning.
January 5, 2016, Boyer was seen carrying a 10-inch knife
while at high school. He was arrested and charged with
possession of a firearm or other dangerous weapon on school
facilities. On January 21, 2016, Boyer pled guilty to that
charge. The juvenile court deferred a disposition hearing on
that conviction until after his trial for second degree
trial on the second degree reckless burning charge, the State
called Officer Capps and Hanson as witnesses. On cross
examination, defense counsel questioned Hanson about his
observations of Boyer as Hanson was entering Valley Cleaners:
[Defense Counsel]: So you identified Mr. Boyer as being the
person you saw there, but you didn't identify him as
being the person who started the fire?
[Hanson]: I can't say he was starting the fire - that he
physically started it, because it wasn't burning when I
first pulled in and went to the laundry mat [sic].
[Defense Counsel]: When you - when you pulled up to the
laundry mat [sic] and you had a brief conversation with Mr.
Boyer, did you see any lighter or anything else in his hand?
[Hanson]: No. When I first pulled in he had - he was doing
something like this and looked up at me and then went like
that and, you know, nodded and [sic] kind of went like that
back at him.
[Defense Counsel]: But you don't know what it was?
[Hanson]: No, no.
VRP (Feb. 4, 2016) at 20-21.
brought out in the following exchange, Boyer took the
position that his admission to Officer Capps was false and
that his friend Ryan Erickson had started the fire in the two
minutes between Hanson entering Valley Cleaners and the
detection of the fire.
[Boyer]: After Mr. Hanson arrived, my friend took off and he
came back and he lit the fire and then he took off again.
[Defense Counsel]: Who was that?
[Boyer]: Ryan Erickson.
[Defense Counsel]: Okay. So Mr. Erickson started ...