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Todd E. Richards v. State of Alaska

March 4, 2011

TODD E. RICHARDS, APPELLANT,
v.
STATE OF ALASKA, APPELLEE.



Appeal from the Superior Court, First Judicial District, Juneau, Patricia A. Collins, Judge. Court of Appeals No. A-10570 Trial Court No. 1JU-09-360 Cr

The opinion of the court was delivered by: Mannheimer, Judge.

NOTICE

The text of this opinion can be corrected before the opinion is published in the Pacific Reporter. Readers are encouraged to bring typographical or other formal errors to the attention of the Clerk of the Appellate Courts:

303 K Street, Anchorage, Alaska 99501

Fax: (907) 264-0878

E-mail: corrections at appellate.courts.state.ak.us

OPINION

Before: Coats, Chief Judge, and Mannheimer and Bolger, Judges.

Todd E. Richards appeals his convictions for third-degree assault (placing another person in fear of imminent serious injury by means of a dangerous instrument) and fourth-degree criminal mischief (unlawfully damaging the property of another in an amount of at least $50). *fn1 Richards asserts that the evidence presented at his trial is insufficient to support the jury's verdicts. Richards also asserts that the 18-month composite sentence he received for these two crimes is excessive.

With regard to Richards's merit appeal (that is, his attack on his convictions), we conclude that the evidence is sufficient to support the jury's verdicts, and we therefore affirm Richards's convictions for third-degree assault and fourth-degree criminal mischief. With regard to the sentence appeal, however, we conclude that we do not have jurisdiction to review Richards's sentence, and we therefore refer that issue to the supreme court.

The sufficiency of the evidence to support Richards's convictions for thirddegree assault and fourth-degree criminal mischief

When a defendant claims that the evidence is insufficient to support a criminal conviction, we must view the evidence (and all reasonable inferences to be drawn from that evidence) in the light most favorable to upholding the verdict. *fn2 Accordingly, we now present the facts of Richards's case in that light:

On October 12, 2008, Richards and his wife Lorinda got into a fight after an evening of heavy drinking. Lorinda testified that Richards attacked her, wrestled her to the floor of their RV, and punched her in the eye. At some point during this altercation, Lorinda offered to leave, and she started gathering her possessions. When she asked Richards's son Travis to help her, Richards became enraged. Richards shoved her out the door and proceeded to throw her belongings outside, onto the ground.

Lorinda began loading her belongings into her car. As she was putting the last of her things into the car, Richards stormed out of the RV and said, "I'll show you, you fucking bitch." Lorinda threw the remainder of her possessions into the car, got into the driver's seat, and turned on the headlights. In the light of ...


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