DECKER v. STATE, 737 A.2d 529 (Del. 1999)

Decker v. State.

No. 47, 1999.Supreme Court of Delaware.
August 11, 1999.

Appeal from the Family Court, New Castle County, JN-98-3640, 98110344.

AFFIRMED

Unpublished Opinion is below.

ALLEN DECKER[1] , Defendant Below, Appellant, v. STATE OF DELAWARE, Plaintiff Below, Appellee. No. 47, 1999. Supreme Court of Delaware. Submitted: July 6, 1999. Decided: August 11, 1999.

Court Below: Family Court of the State of Delaware, in and for New Castle County: File No. JN-98-3640, Incident No. 98110344.

Before WALSH, HOLLAND and HARTNETT, Justices.

ORDER
This 11th day of August 1999, upon consideration of the briefs of the parties, it appears to the Court that:

1. Following a Family Court bench trial, appellant Allen Decker (a pseudonym), a juvenile, was found delinquent of felony criminal mischief, sentenced to a period of probation and ordered to make restitution. He then appealed to this Court, challenging the sufficiency of the evidence to sustain his conviction. The appeal is without merit.

2. After a careful review of the evidence adduced at the delinquency hearing, we find that, considering the evidence in the light most favorable to the prosecution, including all reasonable inferences to be drawn therefrom, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. Dixon v. State, ___ Del. ___, 567 A.2d 854, 857 (1989). In so doing we do not distinguish between direct and circumstantial evidence. Skinner v. State, ___ Del. ___, 575 A.2d 1108, 1121
(1990). Appellate review is further guided by “the fundamental tenet of American jurisprudence” that the trier of fact is solely responsible “for determining witness credibility, resolving conflicts in testimony and for drawing any inferences from the proven facts.” Chao v. State, ___ Del. ___, 604 A.2d 1351, 1363
(1992).

3. To establish Decker’s delinquency of criminal mischief the prosecution had to show that Decker intentionally or recklessly damaged tangible property of another resulting in a loss of more than $1500. 11 Del. C. § 811. Decker caused a ceiling fire sprinkler in Christiana Towers, a student apartment building at the University of Delaware, to activate resulting in more than $8,000 in water damage. There was evidence that Decker admitted he deliberately hit the sprinkler and that he admitted he was responsible for its activation. The record reflects there was sufficient evidence to establish that he intentionally or recklessly caused the fire sprinkler to activate.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court be, and the same hereby is, AFFIRMED.

BY THE COURT: