State v. Hochhalter

¶1

Morgan, J.*

— Daniel John Hochhalter appeals convictions for felonious violation of a domestic violence order (count I), second degree assault (count II), and second degree unlawful possession of a firearm (count III). He alleges that the evidence is insufficient to support count I, that the “to-convict” instruction on count III erroneously omitted an element of the crime, and that he was denied his right to have a jury find each fact needed to support his sentence. We reverse the conviction on count I and vacate the sentences on counts II and III.

¶2 In early 2004, Hochhalter was D.D.’s…