COEUR d’ALENE — Robert M. Fisher stole a box of shoes from a woman’s car in Hayden because he wanted to go to jail, but his attorney at a Tuesday hearing in First District Court was opposed to the idea.

Defense attorney Ben Onosko told the court at a Tuesday afternoon probable cause hearing that because his client did not intend to deprive the victim of the shoes — he intended instead to be arrested and returned to jail — probable cause could not be determined.

According to Idaho law, burglary is defined as illegally taking of someone’s property with the intent to permanently deprive them of it.

According to deputies Fisher, 22, of Rathdrum, had entered an SUV, on the morning of June 13, at a business along Government Way in Hayden. A witness flagged down a passing deputy who arrested Fisher.

Deputy Thomas Broughton conducted an initial investigation at the scene and asked if Fisher’s reason for stealing the box of women’s athletic shoes was to go back to jail.

Fisher had recently been released from jail where he was held on a battery charge.

“He advised it was,” Broughton said.

Fisher gave up without a struggle the box of shoes as well as a boys Disney glasses case, and a bottle of ibuprofen also allegedly filched from the vehicle, according to court records.

As the deputy talked to witnesses, Fisher, however, made a move to slip away.

“I’ll let you guys work this out,” he told Broughton.

Fisher was arrested and charged with petit theft and burglary, a felony, which Onosko objected to.

“He wanted to go to jail. He wanted to have somewhere to stay,” Onosko said.

He did not want to permanently deprive anyone of their running shoes, Onosko said.

Magistrate Judge James D. Stow however found the state showed adequate evidence to bind over Fisher on the burglary charge.

An arraignment date for Fisher has not been set.