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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 33750 STATE OF IDAHO, Plaintiff-Respondent, v. DEAN KEITH HICKMAN, Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) )

Boise, February 2008 2008 Opinion No. 54 Filed: April 25, 2008 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Seventh Judicial District, State of Idaho, Bingham County. Hon. James C. Herndon, District Judge. Conviction and sentence for grand theft, affirmed. Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Diane Marie Walker, Deputy Public Defender argued. Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Kenneth K. Jorgensen, Deputy Attorney General argued. __________________________________ BURDICK, Justice Dean Keith Hickman was convicted of grand theft and sentenced to ten years, one year fixed. Hickman appeals. We affirm. I. FACTUAL AND PROCEDURAL BACKGROUND On May 24, 2006, Appellant Dean Keith Hickman was gambling at Fort Hall Casino (the Casino). After another patron, Edward Cain, reported his wallet was missing, the Casino The surveillance showed Hickman bending down to pick

reviewed its video surveillance.

something up off of the floor near Cain, going to the restroom, and then walking out of the Casino. Hickman returned to the Casino in different clothing about two hours later. He was recognized, detained by security guards, and subsequently arrested for grand theft.

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Hickman was convicted by a jury of grand theft. The district court imposed a ten year sentence on Hickman, with one year fixed. Hickman then brought this appeal. II. ANALYSIS Hickman argues that the district court abused its discretion by imposing a ten year sentence, that his substantial rights were violated due to the variance existing between the charging document and the jury instructions, and that there was insufficient evidence to support a conviction of grand theft. We will address each issue in turn. First, however, we will discuss the existence of a clerical error as it relates to Hickman's conviction. A. Clerical Error The Amended Information and jury instructions support a conviction of grand theft pursuant to I.C.

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Idaho Law