Montana Supreme Court
State v. E. Rodriguez
June 25, 2024417 Mont. 52
Summary
The court held that sufficient circumstantial evidence supported Rodriguez’s accountability conviction for aggravated burglary because the jury could infer that Daniels caused Leah to reasonably apprehend serious bodily injury inside the home. The court also held that the assault-with-a-weapon conviction merged into the aggravated-burglary conviction because the State charged and prosecuted the assault as the predicate offense for the burglary. The aggravated-burglary conviction was affirmed, the assault conviction was reversed and dismissed, and the matter was remanded for an amended judgment.