State v. Johnson
2010 MT 288
| Mont. | 2010Background
- Johnson was convicted of felony intimidation after a one-day jury trial in Mineral County; he was later sentenced as a persistent felony offender (PFO) to five years with the DOC plus a consecutive ten years, all suspended, resulting in a combined term; the sentence centered on PFO status rather than a standalone conviction; Johnson challenges jury instructions on mental state and the legality of the sentence; the State contends no instructional error was preserved for appeal.
- The district court defined “purposely” and gave an intimidation instruction that included a disjunctive link to either result or conduct, and an additional subsection defining “knowingly” for a pending fire or disaster; Johnson did not object to the proposed instructions before trial.
- Johnson argues intimidation is a result-oriented offense and the disjunctive definition misstates the mental state; he also argues subsection (2) of Instruction 13 is inapplicable and prejudicial.
- The State argues Johnson preserved his challenge only by timing and did not properly object; it contends the instructions were correct as given.
- The court ultimately concludes Johnson’s instruction objection was waived for appellate review, and separately holds the PFO designation improperly produced two sentences, requiring remand for proper sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Instruction on mental state for intimidation | Johnson: misdefined mental state by tying to result or conduct | Johnson: disjunctive purporting result/conduct prejudicial | Waived; no reversal on instructional error |
| Penalty: legality of PFO sentence | Johnson: two separate sentences illegal | State: aggregate sentence falls under PFO limits | Illegal; remand for resentencing |
| Effect of failure to object | Johnson: preserved error despite lack of objection | State: not preserved | Waiver governs; no review on appeal |
Key Cases Cited
- State v. Gunderson, 2010 MT 166 (Mont.) (PFO replaces underlying felony sentence; two sentences illegal)
- State v. DeWitt, 2006 MT 302 (Mont.) (PFO sentencing procedure; one sentence under statute)
- State v. Robinson, 2008 MT 34 (Mont.) (Overruled by Gunderson on PFO sentencing)
- State v. Minez, 2004 MT 115 (Mont.) (Objection requirements for appeal of instructions)
- State v. Rinkenbach, 2003 MT 348 (Mont.) (Settlement of instructions; preservation)
- State v. Henson, 2010 MT 136 (Mont.) (Review of jury instructions as a whole)