State of Idaho v. Dustyn Keith Vaughn
── State of Idaho v. Dustyn Keith Vaughn ──
Court: Idaho Court of Appeals
Date: April 30, 2026
Category: General
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 51553
STATE OF IDAHO, )
) Filed: April 30, 2026
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
DUSTYN KEITH VAUGHN, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Boise
County. Hon. Theodore Fleming, District Judge.
Judgment of conviction for assault on a law enforcement officer and resisting and
obstructing an officer, affirmed.
Erik R. Lehtinen, State Appellate Public Defender; Jenny C. Swinford, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Mark W. Olson, Deputy Attorney
General, Boise, for respondent.
________________________________________________
TRIBE, Chief Judge
Dustyn Keith Vaughn appeals from his judgment of conviction for assault on a law
enforcement officer and resisting and obstructing an officer. We affirm.
I.
FACTUAL AND PROCEDURAL BACKGROUND
Vaughn was charged with assault on a law enforcement officer (Idaho Code
§ 18-915(2)(b)) and resisting and obstructing an officer (I.C. § 18-705), following an encounter
with parole officers at his property. For the assault charge, the State alleged Vaughn felt for his
pockets, refused to follow commands to stop, and then charged aggressively at his parole
officer, Officer Gibson. For the resisting and obstructing charge, the State alleged Vaughn refused
to follow the commands of two parole officers, including Officer Gibson.
1
Before trial, the State filed a notice of intent to produce evidence under Idaho Rule of
Evidence 404(b). The State sought to introduce evidence, in part, that: (1) Vaughn was under
parole supervision for a domestic violence conviction; and (2) Officer Gibson went to Vaughn’s
property to arrest him. At the hearing on the State’s notice, Vaughn did not object to evidence that
he was on parole, that he knew Officer Gibson as Vaughn’s parole officer, that Vaughn was
noncompliant with the terms of his parole, or that he was specifically noncompliant for “moving
[without permission].” Vaughn objected to evidence regarding any other alleged parole violations.
The district court excluded admission at trial of any reference to Vaughn being on parole for a
domestic violence conviction or any other felony offense and any reference to the specific nature
of his parole violations.
The case proceeded to a jury trial. During the State’s direct examination, Officer Gibson
testified about Vaughn’s repeated failure to comply with commands to remove his hands from his
pockets and explained why that conduct caused Officer Gibson concern. When asked to elaborate,
Officer Gibson testified, “I didn’t know what was in [Vaughn’s] pockets. He was noncompliant
at this point. He already had a list of other violations, so this was just one thing added to the whole
puzzle of everything that I found to be extremely concerning to me.” Vaughn objected to Officer
Gibson’s testimony. The district court overruled the objection. The jury found Vaughn guilty of
both charges. Vaughn appeals.
II.
STANDARD OF REVIEW
A trial court’s determination under I.R.E. 403 will not be disturbed on a
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
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address as its source and its own type. #}