STEWART, Judge.
In March and April of 2004, C.C., a juvenile, was involved in several incidents that would be crimes if C.C. was an adult. The State brought several petitions to adjudicate C.C. a delinquent based on those incidents. At a court trial, Superior Court Judge Fred Torrisi found that the State had proven the allegations in the petitions and accordingly adjudicated C.C. a delinquent minor.
C.C. appeals, arguing that each adjudication cannot stand because each was based on the uncorroborated testimony of an accomplice in violation of AS 12.45.020. We affirm the superior court because we conclude that there was sufficient corroboration of the testimony of the accomplices to sustain each adjudication.
Background facts and proceedings
The State filed three petitions to adjudicate C.C. a delinquent for a series of related events occurring on or about March 31, 2004. The fourth petition arose out of an incident that occurred on March 13, 2004. C.C. was sixteen years old at the time of these events.
The first petition charged that C.C. entered and unlawfully remained in Susan Zeke's classroom at the Togiak School with the intent to commit a crime. Zeke told police that, when she entered her classroom on the morning of April 1, she found that items on her desk had been disturbed, plants near her window had been knocked over or moved, and the classroom window had been tampered with. Alaska State Trooper Mike Brandenburger and Togiak Police Officer John Kirby interviewed R.A. and J.N., C.C.'s accomplices, who reported that J.N. stayed outside while R.A. and C.C. climbed through the window and took bags of potato chips and lollipops from the classroom.
At trial, R.A. testified that he unlocked one of the windows in Zeke's classroom on March 31, 2004. That evening R.A. returned to the school with J.N. and C.C. and, after stopping at the gym where some kids were playing basketball, the three boys went to Zeke's classroom. R.A. stated that J.N. lifted him and C.C. through the window. R.A. and C.C. searched the classroom for money, but when they did not find any, they took some potato chips and lollipops. R.A. testified that the lollipops were of various colors and had clear wrappers with the flavors written on them. R.A. testified that he, C.C., and J.N. all shared the lollipops and chips.
J.N. confirmed that he went to the school with R.A. and C.C., that he lifted R.A. and C.C. through the classroom window, and that R.A. and C.C. threw lollipops and chips outside through the window. Although he was not sure what the other two boys planned to do in the classroom, J.N. thought they might have been planning to "score some cash." He also confirmed that the lollipops were of various colors and had clear wrappers.
Another boy, J.W., who was not involved in any of the charged offenses, testified that C.C. told him that C.C., R.A., and J.N. broke into Zeke's classroom and stole lollipops and chips. He further testified that he saw one or two bags of lollipops in C.C.'s bedroom and that he recognized them as the kind of lollipops Zeke orders from "Lollipop Land" to sell in the student store at Togiak School. J.W. confirmed that the lollipops came in various colors and had clear wrappers. He also stated that he had not seen anyone other than C.C. with full bags of these lollipops and that Zeke did not sell the lollipops in big bags. J.W. said that he thought that Zeke kept the money from the student store at her house after kids broke into her classroom to steal it.
The second petition charged that C.C. entered Togiak Natives Limited (also known as the Suzuki shop) with the intent to commit a crime. The petition alleged that, just after the school burglary, C.C. pried open the door of the Suzuki Shop with a screwdriver and opened the cash register inside the shop, causing damage to both.
At trial, R.A. testified that, after breaking into the school, the three boys walked around and stopped at a mechanic's house to get a screwdriver. From there, they went to the Suzuki shop, where they used the screwdriver to open the front door. R.A. and C.C. went inside while J.N. stayed outside. R.A. and C.C. tried to open the cash register with the screwdriver. They did not succeed in opening the cash register drawer, but they were able to peek inside and see that there was no cash in the drawer.
J.N. testified that the boys went to the Suzuki shop after the school, but when they realized they had no way to get inside, they went to the mechanic's house and searched for a screwdriver. After finding a screwdriver, they returned to the Suzuki shop. J.N. testified that they had to pass through two doors to get inside and that he opened the second door with the screwdriver. According to J.N., all three boys entered the shop and began looking around, but J.N. eventually went outside to look out for anyone who might have been coming. J.N. further testified that he was outside when R.A. and C.C. tried to pry open the door to the cash register.
Nellie Thomas, the general manager of Togiak Natives Limited (the Suzuki shop) testified that when she came into work on April 1, 2004, she noticed that the cash register drawer was bent and the front door was damaged. She unbent the drawer herself, but if she had hired someone to fix it, it would have cost around $75 or $80.
The next petition charged that, after breaking into the Suzuki shop, C.C. broke into the gift shop of the Nangucuilnguq Arts Crafts Center in Togiak.
R.A. testified that he and the others boys went from the Suzuki shop to the arts and crafts center. R.A. stated that J.N.'s father picked J.N. up outside the arts and crafts center. R.A. and C.C. used the screwdriver to pry open the backdoor of the arts and crafts center and proceeded inside. R.A. testified that he and C.C. could not open the door to the gift shop, so they rummaged through an office used by a woman named Sophie. R.A. stated that C.C. found a pair of walrus tusks in one of the drawers in the office, and they each took one. The boys planned to sell the tusks for cash. R.A. ultimately sold his for $50, but he thought it could have been worth up to $300 if he had not damaged it.
J.N.'s father confirmed that he picked J.N. up outside of the arts and crafts center. J.N.'s father testified that, when he pulled up to the arts and crafts center, he saw two other boys with J.N., but he did not recognize either of them as C.C. But he testified that one of the boys disappeared around a corner when he pulled up to pick up J.N.
J.N. testified that, the following day, either C.C. or R.A. told J.N. they (C.C. and R.A.) had taken tusks from the arts and crafts center.
Carol Pavian, the clerk at the arts and crafts center gift shop, testified that, when she arrived at work on April 1, 2004, she noticed that the deadbolt on the door was unlocked, and there was sand on the windowsill. She also testified that $30 in coins were missing from the gift shop. Sophie Nick, the suicide prevention counselor at the arts and crafts center, testified that she kept walrus tusks in her desk. Nick thought she had four or five large pieces, two or three of which were probably whole tusks, and some small pieces. She testified that some time in April 2004 she discovered that all of the large pieces were missing. She further testified that the large pieces would be worth more than $50, but she could not be sure of the exact value because the arts and crafts center had been given the tusks.
Finally, the last petition charged that C.C. and another boy, J.B., broke into Richard Pearson's house at Togiak Fisheries (also known as the cannery) on March 13, 2004, and took money the cannery had earned selling fuel. The petition also alleged that C.C. took a Honda four-wheeler, which was later found abandoned near Twin Hills.
At trial, J.B. testified that around twelve noon on March 13, 2004, C.C. showed up at his house and asked for a ride to the cannery. C.C. told J.B. that he wanted to go to the white house at the cannery to get some cash. J.B. agreed to give C.C. a ride on his snowmachine. J.B. testified that when he and C.C. arrived at the cannery they saw the watchman drive away on a green snowmachine. The boys hid behind the house so the watchman would not see them. After the watchman left, C.C. and J.B. ran towards the house. They took a screwdriver from a tool bag that was hanging on the wall in the entryway and pried open the interior door. C.C. began looking for a silver box, which he knew contained cash because he had previously been inside the watchman's house. C.C. found the box in a drawer in the watchman's bedroom, and C.C. and J.B. opened the box and removed the cash. J.B. speculated that the box probably contained "a couple of grand." J.B. further testified that something in the chain case on his snowmachine was broken. Because of the mechanical problem, C.C. and J.B. took a four-wheeler from one of the outbuildings at the cannery and drove towards Twin Hills.
The two got stuck in the snow on the way to Twin Hills. C.C. and J.B. abandoned the four-wheeler and walked into Twin Hills, where they borrowed another four-wheeler from Sassa Kuku so they could get back to Togiak. J.B. testified that, when they got back to Togiak, C.C. gave him $500. J.B. told J.W. that he and C.C. broke into the cannery, and J.B. gave J.W. $20.
J.W. testified that, before that incident, C.C. told J.W. that C.C. and R.A. were going to the cannery to take money. J.W. testified that, after C.C. told him this, R.A. and C.C. both had a lot of money, and J.W. saw R.A.'s money. About a week later, J.B. told J.W. that J.B. and C.C. broke into the cannery. J.W. testified that J.B. gave him $20, but J.W. did not know why J.B. had given him the money.
The watchman, Pearson, testified that he kept the money he earned from selling gas in a gray steel cashbox in the bottom drawer of a dresser in his bedroom. He further confirmed that he left his house on a green snowmachine at approximately 1:00 p.m. on March 13, 2004, to go to church. He did not see anyone when he left. He further stated that he could not return home until about 5:00 p.m. because a snow squall came through around 3:00 p.m. and visibility was extremely poor. When he returned, he noticed that items in the entryway of his house had been rearranged and the interior door was damaged, indicating that someone had forced entry. Pearson deduced that the burglary occurred between 1:00 p.m., when Pearson left home, and the beginning of the blizzard at 3:00 p.m. Pearson testified that approximately $2460 was taken from the cash box and that a four-wheeler had been taken from the cannery's generator building. The four-wheeler was later discovered in a snowbank just outside of Twin Hills. Pearson recognized C.C. and said that C.C. had purchased fuel at the cannery five or six weeks before the break-in.
Finally, Kuku testified that C.C. was her relative and that at approximately twelve noon on March 13, 2004, C.C. and another boy (who she identified as "Anuska Tommy's grandson") came by her house and asked to borrow her four-wheeler to retrieve their snowmachine. She further testified that C.C.'s stepfather, Kevin Ramey, returned the four-wheeler about two and a half hours later.
The superior court adjudicated C.C. a delinquent minor after finding that C.C. was guilty of the following crimes: one count of first-degree burglary; four counts of second-degree burglary; two counts of second-degree theft; one count of third-degree theft; and one count of fourth-degree theft. C.C. appeals.
AS 11.46.300(a)(1).
AS 11.46.310(a).
AS 11.46.130(a)(1).
AS 11.46.140(a)(1).
AS 11.46.150(a).
Discussion
On appeal, C.C. argues that the case against him should have been dismissed because there was insufficient evidence to corroborate the testimony of his accomplices as required by AS 12.45.020. Alaska Statute 12.45.020 provides:
A conviction shall not be had on the testimony of an accomplice unless it is corroborated by other evidence that tends to connect the defendant with the commission of the crime; and the corroboration is not sufficient if it merely shows the commission of the crime or the circumstances of the commission.
Evidence corroborates the testimony of an accomplice "when it induces a rational belief that the narrative of the accomplice is a correct one; when it dispels the assumed notion that he was an inventor of facts and incidents."
Oxenberg v. State, 362 P.2d 893, 896 (Alaska 1961). See also Dimmick v. State, 473 P.2d 616, 617 (Alaska 1970).
Corroborating evidence need not be analyzed independently of the testimony of an accomplice. Instead, if the corroborating evidence "can be brought into contact with the circumstances related by the accomplice, and if at all points of contact there is consistency and harmony, rather than incongruity and discord, then there is good ground for presuming that what the accomplice said was true."
See Oxenberg, 362 P.2d at 896.
Id. at 897.
In Brown v. State, we ruled that where a "sufficient nexus" existed among various counts, the trial court could rely on one accomplice's testimony about one count to corroborate a different accomplice's testimony regarding another count. Furthermore, "[t]here is no requirement that every element of an offense testified to by an accomplice be independently corroborated by other evidence."
693 P.2d 324 (Alaska App. 1984).
See Brown, 693 P.2d at 329.
Id.
The first three petitions arose out of three burglaries committed the same night. R.A. testified that he, J.N., and C.C. broke into the Togiak school and the Suzuki shop. He testified that J.N. stayed outside while he and C.C. went in. They were looking for money at both locations but did not find any. R.A. stated that he and C.C. took chips and lollipops from the school. R.A. also testified that, after J.N.'s father picked J.N. up outside of the arts and crafts center, R.A. and C.C. broke in and took two walrus tusks.
J.N. confirmed that he went to the school and the Suzuki shop with R.A. and C.C. and that he was the lookout at both locations. He also confirmed that R.A. and C.C. took chips and lollipops from Zeke's classroom and shared them with him. Finally, he confirmed that his father picked him up outside of the arts and crafts center.
Thomas testified that, when she arrived at the Suzuki shop on April 1, 2004, she discovered that the door and cash register drawer were damaged. Nick could only confirm that she had had some walrus tusks in her desk drawer and that, at some point, she discovered they were missing. Finally, Pavian testified that, on the morning of April 1, 2004, she discovered that the door of the arts and crafts center was unlocked, the window sill in the gift shop had sand on it, and $30 in coins were missing.
Also, J.W. testified that C.C. told him that C.C., R.A., and J.N. broke into the school. J.W. said he saw bags of lollipops in C.C.'s bedroom that he recognized as the kind Zeke ordered for the student store. J.N.'s father also testified that, when he picked J.N. up outside of the arts and crafts center, J.N. was with two other boys. All this evidence tends to corroborate the testimony about the three episodes described in the first three petitions and tends to show that the testimony of the accomplices was true.
C.C. also argues that there was insufficient evidence to corroborate the accomplice testimony regarding the Togiak Fisheries burglary. Although C.C. acknowledges that Pearson corroborated many of the details about the burglary, he argues that these details merely corroborate that a crime occurred but do not connect C.C. to the crime.
J.B. testified that he and C.C. broke into the cannery on March 13, 2004, and took around $2000 from a metal cashbox that C.C. found in a drawer in the watchman's bedroom. He further testified that they took a four-wheeler from one of the outbuildings on the property and drove towards Twin Hills. He testified that the four-wheeler became lodged in a snowbank and that he and C.C. walked the rest of the way to Twin Hills where they borrowed a four-wheeler from Kuku.
J.B.'s testimony was corroborated by other witnesses. Pearson confirmed that he left the cannery at about 1:00 p.m. and that over $2000 was taken from the cashbox he kept in the bottom drawer of his dresser while he was at church. He further confirmed that a four-wheeler was taken from another building at the cannery and was found abandoned outside of Twin Hills. He also testified that C.C. had previously been to the cannery to purchase fuel.
Kuku confirmed that C.C. and another boy, who she identified as "Anuska Tommy's grandson," had borrowed her four-wheeler around lunchtime on March 13 and that C.C.'s stepfather had returned it two and a half hours later.
Because the non-accomplice testimony corroborated J.B.'s description of the Togiak Fisheries burglary and tended to connect C.C. to that offense, Judge Torrisi properly found that the statutory requirement of corroboration had been satisfied.
We agree with Judge Torrisi that there was sufficient evidence presented to corroborate the testimony of C.C.'s accomplices. Accordingly, we uphold the superior court's adjudication of C.C. as a delinquent.
Conclusion
The judgment of the superior court is AFFIRMED.