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State v. Larson12/7/2004
as sufficient to support his negligent homicide and driving under the influence convictions. The State maintains it presented evidence including Larson's consumption of alcohol, the high rate of speed he was driving, testimony of witnesses indicating he was intoxicated as well as his blood alcohol concentration of 0.12% which sufficiently supported the jury's verdict.
This Court reviews a question concerning the sufficiency of the evidence to determine whether, after reviewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. State v. York , 2003 MT 349, 10, 318 Mont. 511, 10, 81 P.3d 1277, 10. We review the jury's verdict only to determine whether it is supported by sufficient evidence, not to determine whether there was sufficient evidence to support a different verdict. State v. Sattler , 1998 MT 57, 60, 288 Mont. 79, 60, 956 P.2d 54, 60.
"The credibility of witnesses and the weight given to their testimony are determined by the trier of fact, and disputed questions of fact and credibility will not be disturbed on appeal." State v. Bauer , 2002 MT 7, 15, 308 Mont. 99, 15, 39 P.3d 689, 15. Only in those rare cases where the story told is so inherently improbable or is so nullified by material self-contradiction that no fair-minded person could believe it may we say no firm foundation exists for the verdict based on it. Bauer , 15.
We conclude the State provided sufficient evidence of Larson's impairment to support Larson's conviction for negligent homicide and driving under the influence. Here, the State presented evidence Larson drank a substantial amount of alcohol during the evening and morning hours before the accident. Further, Larson admitted to EMTs and officers at the hospital he had consumed a considerable amount of alcohol. The State also showed Larson drove his pickup at a high rate of speed off the shoulder of the highway, causing the pickup to roll over and eject all three passengers. The State's expert witness testified the driving ability of anyone with a blood alcohol concentration of 0.08% or more is impaired or diminished. The jury in this case also heard testimony Larson's blood alcohol concentration was 0.12% two hours after the accident and four hours after he had stopped drinking.
We cannot know precisely why or how the jury reached its decision to convict Larson. We only know Larson presented his theory that other mitigating factors may have caused the accident, and the jury apparently rejected it. We hold, therefore, sufficient evidence exists to support Larson's convictions.
ISSUE SIX
Whether the State provided sufficient evidence to support Larson's conviction for exceeding the speed limit.
Larson argues the State failed to present sufficient evidence to support a conviction of the offense of speeding. Larson maintains his own estimate at the time of the accident was 60 to 65 mph which was confirmed by Morgan at trial and bolstered by his expert witness who calculated a speed between 63 and 71 mph. Larson contends the higher estimates of the investigating officers were based upon flawed measurements which failed to prove, beyond a reasonable doubt, his speed was excessive.
The State counters the evidence presented at trial of Larson's speed was sufficient to support the jury's verdict. The State contends the jury had sufficient evidence from two police accident reconstructionists as well as Morgan's statements shortly after the accident to conclude Larson violated the speed restriction for nighttime driving on the frontage road.
As discussed above,
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