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State v. McGarvey12/6/2005
fact could have found the essential elements of the crime beyond a reasonable doubt." Giant, 9 (citations omitted).
We conclude that the State provided sufficient evidence for a trier of fact to have determined McGarvey's guilt beyond a reasonable doubt. In addition to Armstrong's and Edwardson's testimony that McGarvey confessed to the murders, the State presented the following evidence at trial: the time of the victims' deaths; McGarvey's presence at the murder scene; witness testimony that McGarvey was angry with Grant at the time of the homicides; testimony from Sanchez and Lopez, who interacted with McGarvey at the murder scene; and testimony from Armstrong's mother and Edwardson's sister that the two men appeared distraught by McGarvey's confession. The jury, not this Court, determines the credibility of trial evidence.
"As this Court has held many times over, the jury is the fact finding body in our system of jurisprudence, and its decision is controlling. The jury is free to consider all the evidence presented and to pick and choose which of the witnesses it wishes to believe. If sufficient testimony was introduced, as well as exhibits to justify the jury's findings, then its conclusions will not be disturbed unless it is apparent there was a clear misunderstanding by the jury or that there was a misrepresentation made to the jury."
State v. Lucero (1984), 214 Mont. 334, 338, 693 P.2d 511, 513 (quoting State v. Swazio (1977), 173 Mont. 440, 445, 568 P.2d 124, 127).
The State's trial presentation involved myriad evidence, which taken as a whole implicated McGarvey's guilt. McGarvey had the opportunity to refute the State's case with opposing evidence. The jury found the State's case more compelling. Having reviewed the record, we hold that a rational trier of fact could have found McGarvey guilty beyond a reasonable doubt. We affirm the denial of McGarvey's motion for directed verdict.
Affirmed.
W. WILLIAM LEAPHART
We concur:
KARLA M. GRAY
JOHN WARNER
BRIAN MORRIS
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