State v. Jason Christ

Summary

The Montana Supreme Court affirmed Jason Christ’s conviction for intimidation under § 45-5-203(2), MCA, based on threats to bomb a Verizon store. The court declined to review unpreserved facial-overbreadth and jury-instruction claims under plain-error review and held that sufficient evidence supported the conviction.

Holdings

1. The court would not consider the facial-overbreadth and jury-instruction claims because Christ did not raise them in the District Court.
2. The court declined to exercise plain-error review because failure to review the alleged errors would not result in a manifest miscarriage of justice, leave unsettled the fundamental fairness of the proceeding, or compromise the integrity of the judicial process.
3. The evidence was sufficient to sustain Christ's conviction for knowingly communicating a threat to bomb the Verizon store under § 45-5-203(2), MCA.

Questions Presented

1. Whether Christ's facial overbreadth challenge to § 45-5-203(2), MCA, and his challenge to the jury instruction could be considered for the first time on appeal.
2. Whether the Supreme Court should exercise plain-error review over the unpreserved constitutional and instructional claims.
3. Whether sufficient evidence supported Christ's conviction for knowingly communicating a threat of a pending explosion endangering life or property.

Disposition

affirmed