State v. Cain
806 N.W.2d 597
| N.D. | 2011Background
- Cain appeals after jury convicted him of conspiracy to commit aggravated assault; district court sentenced him as a habitual offender based on certified copies of prior convictions.
- The incident occurred June 15–16, 2010 in Bismarck; Cain, Darin Falcon, and the victim were involved in a fight in which the victim was seriously injured.
- Cain and Falcon were arrested June 16, 2010 and charged with conspiracy to commit aggravated assault; Cain moved for speedy trial and sought dismissal under the UMDDA; a pretrial motion to exclude victim-injury photographs was denied.
- At trial, the State presented testimony from the victim and his brother; the victim testified to being struck with a tire iron and chain; the brother testified Cain retrieved weapons and supplied one to Falcon.
- During sentencing, the State requested habitual offender status and introduced four certified copies of prior felony judgments; the district court found two prior felonies and imposed an extended sentence.
- Cain argues the speed-trial and habitual-offender procedures were improperly applied; the court affirms the conviction and habitual-offender determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conspiracy agreement sufficiency | Cain argues no conspiratorial agreement existed. | Cain contends there was no implicit agreement. | Evidence supports an implied agreement to assault. |
| Habitual offender proof via certified copies | Cain claims copies were not properly authenticated. | State asserts certified copies are self-authenticating. | Certified copies admissible; properly authenticated under Rule 902. |
| UMDDA speedy-trial applicability | Cain claims UMDDA applied due to detainer. | No detainer filed; UMDDA not applicable. | UMDDA does not apply; no detainer during trial. |
| Photographs of victim's injuries | Cain moved in limine to exclude gruesome photos. | State contends photos are probative and not unfairly prejudicial. | Photographs admissible; no obvious error in balancing Rule 403. |
Key Cases Cited
- State v. Kinsella, 796 N.W.2d 678 (ND 2011) (sufficiency of evidence standard for conviction)
- State v. Wanner, 784 N.W.2d 143 (ND 2010) (sufficiency review for criminal convictions)
- Interest of J.A.G., 552 N.W.2d 317 (ND 1996) (implied conspiracy by conduct; no mere knowledge suffices)
- Serr, 575 N.W.2d 896 (ND 1998) (requirement of something more than mere association for conspiracy)
- State v. Hoffarth, 456 N.W.2d 111 (ND 1990) (combining dangerous offender hearing with sentencing is permissible)