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City of Billings v. Spear
Justice James Jeremiah Shea delivered the Opinion of the Court.
APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause No. DC 17-1379 Honorable Michael G. Moses, Presiding Judge COUNSEL OF RECORD: For Appellant: Ober E. Spear, Self-Represented, Billings, Montana For Appellee: Timothy C. Fox, Montana Attorney General, Mardell Ployhar, Helena, Montana Brent Brooks, Billings City Attorney, Jacquelyn Grewell, Deputy City Attorney, Billings, Montana Filed: /s/_________
Clerk Court. Accordingly, Spear has waived appellate review of those claims. See West, ¶¶ 16-17; Asbury, 265 Mont. at 20, 873 P.3d at 939. The District Court did not err in dismissing Spear's appeal. ¶7 We have determined to decide this case pursuant to Section I, Paragraph 3(c) of our Internal Operating Rules, which provides for memorandum opinions. In the opinion of the Court, the case presents a question controlled by settled law or by the clear application of applicable standards of review. We affirm.
In his appeal to the District Court, Spear argued that there was insufficient evidence to convict him of the failure to yield charge. In his appeal before this Court, Spear argues that the District Court erred by affirming his violation because the City did not provide testimony from the motorcyclist with whom Spear collided. Though not precisely the same issue, even if we considered the merits of Spear's argument before this Court as a sufficiency of evidence claim, the City presented testimony from the officer who investigated the accident and testimony from an eyewitness to the accident. Thus, even without testimony from the motorcyclist with whom Spear collided, there was sufficient evidence to convict him of failure to yield. --------
/S/ JAMES JEREMIAH SHEA We concur: /S/ DIRK M. SANDEFUR
/S/ BETH BAKER
/S/ LAURIE McKINNON
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