State v. Weitzel

¶ 1 Richard Alfred Weitzel (Weitzel) appeals from a jury verdict finding him guilty of felony assault and the corresponding sentence imposed by the First Judicial District Court, Lewis and Clark County. We affirm the verdict but reverse the District Court’s sentence enhancement for use of a weapon during the commission of an offense.

¶2 Weitzel raises three issues on appeal:

¶3 (1) Was there sufficient evidence to sustain the conviction for felony assault?

¶4 (2) Did the District Court abuse its discretion by allowing rebuttal evidence showing that Weitzel had pawned a handgun in July of 1996?

¶5…