State v. Robinson, 2008 MT 34

Summary

The Supreme Court of Montana affirmed Frank Leroy Robinson's convictions and sentences for felony assault, failure to register as a sexual offender, and resisting arrest. The court held that the district court did not abuse its discretion in denying Robinson's challenge for cause to a prospective juror. It also held that the aggregate sentence imposed under Montana's persistent felony offender statute was within statutory limits and therefore was not illegal.

Holdings

1. The District Court did not abuse its discretion in denying Robinson's challenge for cause because, considering the totality of the circumstances, the prospective juror did not express a fixed opinion of Robinson's guilt and repeatedly stated that she could be impartial, apply the presumption of innocence, and require proof beyond a reasonable doubt.
2. Robinson's sentence was not illegal because the aggregate sentences imposed for his offenses and persistent felony offender status were within the statutory parameters of § 46-18-502(2), MCA.

Questions Presented

1. Whether the District Court abused its discretion by denying Robinson's challenge for cause to a prospective juror who expressed doubts about his innocence but stated she could be impartial and follow the law.
2. Whether the District Court imposed an illegal sentence by imposing sentences for Robinson's offenses together with additional sentences based on his persistent felony offender status.

Disposition

affirmed