State v. Covington
2012 MT 31
| Mont. | 2012Background
- Covington appeals his convictions for robbery and deliberate homicide and challenges sentence enhancement under §46-18-219(l)(b)(iv), MCA.
- Police recovered Munson’s purse-related items and a panty hose mask at the Brewpub; DNA on the mask matched Covington.
- A DNA match enabled a search warrant for Covington’s residence to locate Munson’s purse items, pawn receipts, and possible criminal records.
- Binder and notebooks seized during the search contained homicide materials; police obtained a second warrant to seize these writings as part of the homicide investigation.
- The District Court sentenced Covington to life without parole based on two prior robberies; the defense argues jury involvement and suppression issues on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Issue 1: jury requirement for sentence enhancements | Covington argues prior convictions used for enhancement must be jury-found | Covington relies on Apprendi/Blakely to claim jury determination required | Issue rejected; no Montana Constitution-based requirement for jury finding distinct from federal law. |
| Issue 2: suppression of binder/notebooks | Covington contends lack of probable cause to search notebooks | State asserts plain view and probable cause from initial search for stamps and pawn receipts | Affirmed; plain-view seizure supported by probable cause and authority during initial search. |
Key Cases Cited
- Almendarez-Torres v. United States, 523 U.S. 224 (1998) (prior convictions may support sentence enhancement without jury finding (federal standard))
- Apprendi v. New Jersey, 530 U.S. 466 (2000) (any fact increasing penalty beyond statutory max generally must be juried)
- Woirhaye v. Montana Fourth Judicial Dist. Court, 1998 MT 320, 292 Mont. 185, 972 P.2d 800 (1998) (Montana constitution provides enhanced right to jury trial in some contexts)
- State v. Stock, 2011 MT 131, 361 Mont. 1, 256 P.3d 899 (2011) (plenary/de novo analysis of constitutional questions; standard cited)
- State v. Tucker, 2008 MT 273, 345 Mont. 237, 190 P.3d 1080 (2008) (probable cause and totality-of-the-circumstances test for search warrants)
- State v. Loh, 275 Mont. 460, 914 P.2d 592 (1996) (plain view doctrine during lawful search; non-inadvertent viewing permitted)
- Franks v. People, 700 P.2d 415 (Cal. 1985) (boilerplate diary/notebook language can vitiate probable cause)
- State v. Vaughn, 2007 MT 164, 338 Mont. 97, 164 P.3d 873 (2007) (Blakely framework applied to prior-conviction issue; treated as distinct from this case)