State v. Oberg


IN THE COURT OF APPEALS OF THE STATE OF IDAHO Docket No. 47207 STATE OF IDAHO, ) ) Filed: July 13, 2021 Plaintiff-Respondent, ) ) Melanie Gagnepain, Clerk v. ) ) THIS IS AN UNPUBLISHED JACOB GLEN OBERG, ) OPINION AND SHALL NOT ) BE CITED AS AUTHORITY Defendant-Appellant. ) ) Appeal from the District Court of the Seventh Judicial District, State of Idaho, Fremont County. Hon. Darren B. Simpson, District Judge. Judgment of conviction and unified sentence of life with fifteen years determinate for rape and a persistent violator enhancement, affirmed. Case remanded to ensure compliance with I.C.R. 32. Eric D. Fredericksen, State Appellate Public Defender; Jenny C. Swinford, Deputy Appellate Public Defender, Boise, for appellant. Hon. Lawrence G. Wasden, Attorney General; Kenneth K. Jorgensen, Deputy Attorney General, Boise, for respondent. ________________________________________________ BRAILSFORD, Judge Jacob Glen Oberg appeals from his judgment of conviction and sentence for rape, Idaho Code § 18-6101(5). We affirm the judgment of conviction and sentence. We remand the case, however, for the district court to ensure any changes the court made to the presentence investigation report (PSI) are reflected in the PSI subject to disclosure under Idaho Criminal Rule 32(h). I. FACTUAL AND PROCEDURAL BACKGROUND In November 2017, the State charged Oberg with violating I.C. § 18-6101(5) for raping K.O. “while she was unable to resist due to any intoxicating, narcotic, or anesthetic substance.” Subsequently, the State amended the charge to include a violation of I.C. § 18-6101(7) for raping 1 K.O. when she was “incapable of resisting because she was at the time unconscious or asleep” and to allege a persistent violator enhancement. Oberg pled not guilty to these charges, and the case proceeded to trial in October 2018. At the conclusion of the trial, the jury was unable to reach a decision, and the district court declared a mistrial. The State elected to retry the case, and a second trial occurred in March 2019. The evidence at the second trial showed that Oberg; K.O; Oberg’s friend, E.G.; and E.G.’s son went camping together in June 2017. On the day in question, Oberg and K.O. smoked three bowls of marijuana throughout the day, and K.O. testified she ingested approximately six beers later that evening. After she had drunk five beers, K.O. left the campfire to use the restroom. While K.O. was gone, Oberg opened a sixth beer for her and placed it in the cup holder of her chair. When K.O. returned, she drank the beer. K.O. testified that, shortly after drinking the sixth beer, she began feeling “really heavy,” lightheaded, sleepy, and her fingers felt “tingly.” Oberg then exposed his penis and asked K.O. if she wanted to look at it. K.O. testified that she was “shocked” and “really scared” and that she immediately attempted to go inside the camper but was stumbling, could not walk straight, and felt like she was going to fall. Once K.O. was inside the camper, Oberg had intercourse with her. K.O. testified that while in the camper …

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