State v. Bromgard, No. 91-170
| Docket Nº | No. 91-170 |
| Citation | 862 P.2d 1140, 261 Mont. 291 |
| Case Date | November 02, 1993 |
| Court | United States State Supreme Court of Montana |
Page 1140
v.
Jimmy Ray BROMGARD, Defendant and Appellant.
Decided Nov. 2, 1993.
[261 Mont. 292] William F. Hooks, Appellate Defender, Helena, for defendant and appellant.
Joseph P. Mazurek, Atty. Gen., George M. Schunk, Asst. Atty. Gen., Helena, Dennis Paxinos, Yellowstone County Atty., David W. Hoefer, Deputy County Atty., Billings, for plaintiff and respondent.
WEBER, Justice.
Jimmy Ray Bromgard (Bromgard) appeals from a judgment of the Thirteenth Judicial District, Yellowstone County. In November 1987, a jury convicted Bromgard of three counts of sexual intercourse without consent. Bromgard was sentenced to three forty-year terms of imprisonment in the Montana State Prison to be served concurrently and was designated a dangerous offender.
This Court dismissed Bromgard's initial appeal on August 30, 1988 for failure to file an appellant's brief or Anders memorandum. On March 29, 1991, Bromgard filed a petition for post-conviction relief. This Court denied relief on six of the seven claims alleged; we granted relief on Bromgard's claim of ineffective assistance of counsel by virtue of his counsel's failure to properly appeal the convictions. The state Appellate Defender was appointed as counsel by this Court. We granted the Appellate Defender's motion to file an out-of-time appeal.
The question presented for our review is whether the District Court erred in denying defendant's motion for a directed verdict of acquittal at the close of the defendant's case-in-chief. We affirm.
In the early morning hours of March 20, 1987, an intruder entered the home of a Billings family through a bathroom window. In addition to burglarizing the home, the intruder raped an eight-year-old girl while the rest of the family slept.
The assault took place between the hours of 4:00 and 5:00 a.m. The intruder awakened the victim, threatened her and gagged her mouth with clothing, and then committed acts of oral, vaginal and anal intercourse. He then put a pillow over her head and left.
Page 1141
After the man left, the victim woke her father. Her father woke the victim's mother so that he could look around the house. He noticed a bathroom window propped open with a stick and immediately notified the police. The victim was taken to a physician who confirmed that she had been vaginally and anally raped.
The victim had been able to see her assailant quite clearly as a hallway light had been left on during the night. A police artist made [261 Mont. 293] a composite sketch of the assailant from the description the victim gave to him. Another officer looked at the sketch and mentioned that he thought the sketch looked like Bromgard. The sketch was shown to a neighbor of Bromgard's who also said the man in the sketch was Bromgard. Police also found a stolen checkbook belonging to the victim's mother near Bromgard's home.
The Billings police then conducted a lineup of six people, including Bromgard. The victim identified Bromgard from the lineup and also identified Bromgard at trial as the man she had picked out of the lineup.
Bromgard agreed to submit head and pubic hair samples. These samples were sent to the State Crime Laboratory and were found to be indistinguishable from certain samples recovered from the victim's bedding. Bromgard was arrested, charged and tried on three counts of sexual intercourse without consent. The District Court denied Bromgard's counsel's motion for a directed verdict of acquittal at the close of Bromgard's case-in-chief. The jury found Bromgard guilty of all three counts.
Did the District Court err in denying Bromgard's motion for a directed verdict of acquittal at the close of the evidence?
Defense counsel moved the court to direct a verdict of acquittal on the...
To continue reading
Request your trial
-
State v. Moore, No. 93-369
...grant a motion for a directed verdict of acquittal only when there is no evidence to support a guilty verdict. State v. Bromgard (1993), 261 Mont. 291, 293, 862 P.2d 1140, 1141. The standard of review for a judgment of acquittal is "whether, after viewing the evidence in the light most favo......
-
State v. Southern, No. 97-640
...at 142-43, 814 P.2d at 56. These procedural protections, however, are not at issue in the instant case. 2 See State v. Bromgard (1993), 261 Mont. 291, 293-94, 862 P.2d 1140, 1141; State v. Kordonowy (1991), 251 Mont. 44, 47, 823 P.2d 854, 856; Coleman v. State (1981), 194 Mont. 428, 447, 63......
-
State v. Steffes, No. 94-099
...within the sound discretion of the trial court and will not be disturbed absent an abuse of that discretion. State v. Bromgard (1993), 261 Mont. 291, 293, 862 P.2d 1140, 1141. We hold that the District Court did not abuse its discretion in denying Steffes' motion for judgment of ISSUE 5 Whe......
-
State v. Tweed, No. 02-050.
...have been raised on appeal, State v. Finney (1997), 281 Mont. 58, 931 P.2d 1300. Upon the defendant's motion in State v. Bromgard (1993), 261 Mont. 291, 292, 862 P.2d 1140, 1140, we set aside our dismissal of an appeal for failure to brief and granted an out-of-time appeal. By contrast, in ......
-
State v. Moore, No. 93-369
...grant a motion for a directed verdict of acquittal only when there is no evidence to support a guilty verdict. State v. Bromgard (1993), 261 Mont. 291, 293, 862 P.2d 1140, 1141. The standard of review for a judgment of acquittal is "whether, after viewing the evidence in the light most favo......
-
State v. Southern, No. 97-640
...at 142-43, 814 P.2d at 56. These procedural protections, however, are not at issue in the instant case. 2 See State v. Bromgard (1993), 261 Mont. 291, 293-94, 862 P.2d 1140, 1141; State v. Kordonowy (1991), 251 Mont. 44, 47, 823 P.2d 854, 856; Coleman v. State (1981), 194 Mont. 428, 447, 63......
-
State v. Steffes, No. 94-099
...within the sound discretion of the trial court and will not be disturbed absent an abuse of that discretion. State v. Bromgard (1993), 261 Mont. 291, 293, 862 P.2d 1140, 1141. We hold that the District Court did not abuse its discretion in denying Steffes' motion for judgment of ISSUE 5 Whe......
-
State v. Tweed, No. 02-050.
...have been raised on appeal, State v. Finney (1997), 281 Mont. 58, 931 P.2d 1300. Upon the defendant's motion in State v. Bromgard (1993), 261 Mont. 291, 292, 862 P.2d 1140, 1140, we set aside our dismissal of an appeal for failure to brief and granted an out-of-time appeal. By contrast, in ......