State v. Shepard

*891Korsmo, C.J.

¶10 (dissenting) — The jury determined that Desmond Shepard’s repeated actions of throwing his victim into various fixed objects constituted an assault with a weapon. Because the record supports the determination that these fixtures were the instrumentalities of the crime, the conviction for third degree assault should be affirmed.

¶11 The facts relevant to the third degree assault count can be briefly stated. After a night of drinking, Mr. Shepard became angry with Natasha Pipgras when she did not respond as rapidly as he desired to his request that she drive him from her home in…