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State v. Larson12/7/2004
the standard of review for a claim of insufficiency of the evidence is whether any rational trier of fact, viewing the evidence in a light most favorable to the prosecution, could have found the essential elements of the offense beyond a reasonable doubt. York , 10. Further, credibility of witnesses and the weight to be given to their testimony are to be determined by the trier of fact, and disputed questions of fact and credibility will not be disturbed on appeal. State v. Ahmed (1996), 278 Mont. 200, 212, 924 P.2d 679, 686. The trier of fact is not required to blindly accept the defendant's version of the facts. State v. Brogan (1993), 261 Mont. 79, 87, 862 P.2d 19, 24. Moreover, "[i]f events are capable of different interpretations, the trier of fact determines which is most reasonable." Brogan , 261 Mont. at 87, 862 P.2d at 24.
The jury was presented with evidence the nighttime speed limit for a non-interstate public highway in Montana is 65 mph. Larson's speed was estimated to be between 84 to 89 mph or 63 to 71 mph by the State and Larson's experts respectively. Further, the jury heard Morgan contradict his earlier statements to police he believed Larson was traveling between 80 to 85 mph on the night of the accident.
Again, we cannot know precisely why or how the jury reached its decision to convict Larson. Based on the evidence presented to the jury in this case however, a rational trier of fact could have found Larson had been driving in excess of the posted speed limit. We therefore affirm Larson's conviction on that count.
ISSUE SEVEN
Whether Larson is entitled to a new trial under the doctrine of cumulative error.
Larson argues he was denied a fair trial under the doctrine of cumulative error. Larson contends he was denied a fair trial and is therefore entitled to a new trial due to the cumulative errors he has argued in this appeal.
The State counters the District Court's rulings fall well within the broad discretion of the court to determine the relevance and admissibility of evidence to instruct the jury.
The doctrine of cumulative error requires reversal of a conviction where a number of errors, taken together, prejudiced a defendant's right to a fair trial. State v. Ottwell (1989), 239 Mont. 150, 157, 779 P.2d 500, 504. Under this doctrine, once such accumulated errors are identified as having prejudiced a defendant's right to a fair trial, reversal is required. Enright , 34. However, the existence of prejudice must be established by the defendant, as "mere allegations of error without proof of prejudice are inadequate to satisfy the doctrine." State v. Campbell (1990), 241 Mont. 323, 329, 787 P.2d 329, 333.
We find no grounds to apply the doctrine of cumulative error in this case. This Court has carefully reviewed the issues presented by appellants. We find no prejudice in this case that would warrant reversal. Further, we find no abuse of judicial discretion in the District Court's evidentiary rulings. Moreover, we hold, there was sufficient evidence for the jury to convict on the charges against Larson. Finally, inasmuch as none of the evidentiary rulings cited by Larson was error, this Court finds no grounds to apply the doctrine of cumulative error.
For the foregoing reasons, the judgment of the District Court is affirmed.
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