State v. Crisp, No. 90-593
| Docket Nº | No. 90-593 |
| Citation | 814 P.2d 981, 249 Mont. 199 |
| Case Date | July 02, 1991 |
| Court | United States State Supreme Court of Montana |
Page 981
v.
Randall Dean CRISP, Defendant and Appellant.
Decided July 2, 1991.
[249 Mont. 200] Gary E. Wilcox, Billings, for defendant and appellant.
Marc Racicot, Atty. Gen., Patricia J. Jordan, Asst. Atty. Gen., Helena, Dennis Paxinos, Yellowstone County Atty. and Charles Bradley, Deputy County Atty., Billings, for plaintiff and respondent.
HUNT, Justice.
A jury impaneled in the Thirteenth Judicial District Court, Yellowstone County, found defendant and appellant, Randall Crisp, guilty of one count of criminal endangerment, a felony. Defendant appeals. We affirm.
The following issues are raised on appeal:
1. Is Sec. 45-5-207, MCA, which defines criminal endangerment, unconstitutionally vague?
Page 982
2. Did the District Court err in refusing defendant's instruction defining "substantial risk of death"?
[249 Mont. 201] Defendant and Renae Yancey had lived together off and on for five years. On March 16, 1990, they were living in an area of Billings known as Lockwood. They spent that evening drinking with friends in Billings. Testimony at trial conflicted regarding the time the couple left the nightclub known as T-Birds, the route they took home, and, most importantly, the events that transpired during the ride home.
Yancey, who is 5'3" tall and weighs 108 lbs., testified that on the way home defendant accused her of spending money on someone else, called her a tramp and a whore, grabbed her by the hair, beat her head between the seats, hit her in the shoulder and face, and threatened to kill her. Defendant drove past the turnoff to their trailer and stopped in a field. He opened the passenger door and yanked her out by her hair. When she landed on the ground on her hands and knees, defendant, who is 6'4" tall and weighs between 205 and 210 lbs., proceeded to stomp on her and kick her with his cowboy boots until about 4 a.m., over three hours later. He kicked her in the head, neck, shoulder, arms, elbows, wrists, hands, back, chest, stomach, shins, buttocks, knees, and thighs--in short, every part of her body. She lost consciousness several times. He threatened to kill her numerous times.
She further testified that, after he quit beating her, defendant yanked her back into the Jeep, and took her to their trailer. There, he pulled her out of the car by her hair, pushed her up the steps, and continued to beat her. He followed her into the bathroom, where he began to draw a bath. He told her that she needed to get cleaned up to go to the hospital. When she went into the living room to get away from him, he grabbed a steak knife and threatened to kill her. She fell against a cupboard and crawled to the couch. He yelled at her for bleeding on the couch, then went to turn off the bath. She ran out of the front door and sought assistance from the neighbors.
Defendant took the stand on his own behalf and testified that he and Yancey began arguing on the way home. At one point, Yancey started kicking him. He struck back at her, slapping her on the arm, leg, shin, foot, and ribs. After he had resumed driving, he heard the door to the Jeep open and saw Yancey falling out of the vehicle. He grabbed her foot, but did not have the strength to pull her back into the Jeep. She fell out.
Law enforcement officers were called at approximately 4:30 a.m. The deputy who first responded to the call testified that Yancey was extremely afraid that defendant was going to kill her. Defendant was immediately arrested. He told the deputies that Yancey had jumped [249 Mont. 202] out of the Jeep while it was moving. At the Yellowstone County Detention Facility, he stated that any blood on his clothing would be hers.
Dr. Dennis Tek, the emergency room physician, testified that Yancey had suffered numerous bruises about the face, head, neck, chest, back, shoulders, thighs, and left shin. She had swelling over the left cheekbone and a two centimeter laceration on her scalp in the right superior temporal area.
Dr. Tek stated that being kicked about the head and body with cowboy boots could possibly cause protracted loss or impairment of a bodily member or organ, serious permanent disfigurement, or death. He testified that Yancey had received a concussion, which could have been a life-threatening condition if she had lost consciousness. In response to the State's hypothetical on redirect, he answered that a two-hour beating that rendered the victim unconscious could place the victim in a substantial risk of serious bodily injury. He noted on recross-examination, however, that the injuries Yancey actually received from this incident did not pose a substantial risk.
The jury found defendant guilty of criminal endangerment, a felony, but acquitted him of resisting arrest, a misdemeanor. Defendant was sentenced to ten years in the Montana State Prison, with all ten...
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State v. Guillaume, No. 97-291
...497). However, Guillaume argues that the weapon enhancement statute is unconstitutional as applied to him. See State v. Crisp (1991), 249 Mont. 199, 202, 814 P.2d 981, 983 (A defendant may challenge a statute's constitutionality by arguing that it is unconstitutional on its face or that it ......
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State v. Stanko, No. 98-106
...594, 598, 9 L.Ed.2d 561. On appellate review, the facts must be taken in the light most favorable to the State. State v. Crisp (1991), 249 Mont. 199, 204, 814 P.2d 981, 984; City of Whitefish v. O'Shaughnessy (1985), 216 Mont. 433, 437, 704 P.2d 1021, ¶59 It is well settled that a statute m......
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State v. Martel, No. 94-295
...conduct is forbidden by statute.' " Monroe, 873 P.2d at 231 (quoting Choteau, 678 P.2d at 668). See also State v. Crisp (1991), 249 Mont. 199, 814 P.2d 981; State v. Woods (1986), 221 Mont. 17, 716 P.2d Appellant alleges that the statute is vague on its face because certain terms contained ......
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State v. Hocevar, No. 97-137.
...of death or serious bodily injury to another." State v. Smaage (1996), 276 Mont. 94, 98, 915 P.2d 192, 195 (citing State v. Crisp (1991), 249 Mont. 199, 203, 814 P.2d 981, 983). "Serious bodily injury" is defined as "bodily injury which creates a substantial risk of death or which causes se......
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State v. Guillaume, No. 97-291
...497). However, Guillaume argues that the weapon enhancement statute is unconstitutional as applied to him. See State v. Crisp (1991), 249 Mont. 199, 202, 814 P.2d 981, 983 (A defendant may challenge a statute's constitutionality by arguing that it is unconstitutional on its face or that it ......
-
State v. Stanko, No. 98-106
...594, 598, 9 L.Ed.2d 561. On appellate review, the facts must be taken in the light most favorable to the State. State v. Crisp (1991), 249 Mont. 199, 204, 814 P.2d 981, 984; City of Whitefish v. O'Shaughnessy (1985), 216 Mont. 433, 437, 704 P.2d 1021, ¶59 It is well settled that a statute m......
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State v. Martel, No. 94-295
...conduct is forbidden by statute.' " Monroe, 873 P.2d at 231 (quoting Choteau, 678 P.2d at 668). See also State v. Crisp (1991), 249 Mont. 199, 814 P.2d 981; State v. Woods (1986), 221 Mont. 17, 716 P.2d Appellant alleges that the statute is vague on its face because certain terms contained ......
-
State v. Hocevar, No. 97-137.
...of death or serious bodily injury to another." State v. Smaage (1996), 276 Mont. 94, 98, 915 P.2d 192, 195 (citing State v. Crisp (1991), 249 Mont. 199, 203, 814 P.2d 981, 983). "Serious bodily injury" is defined as "bodily injury which creates a substantial risk of death or which causes se......