APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause No. DC 10-672 Honorable In-grid G. Gustafson, Presiding Judge
The opinion of the court was delivered by: Brian Morris
Submitted on Briefs: July 18, 2012
Decided: September 18, 2012
Justice Brian Morris delivered the Opinion of the Court.
¶1 Anthony Jerome Thompson (Thompson) appeals from his conviction and sentence for partner or family member assault, a felony, in the Thirteenth Judicial District, Yellowstone County. The District Court designated Thompson a persistent felony offender (PFO) and committed him to the Department of Corrections (DOC) for the statutory minimum period of five years.
¶2 We review the following issues on appeal:
¶3 Whether the District Court properly excluded evidence that the complaining witness had a history of a felony forgery charge over a decade before Thompson's trial.
¶4 Whether the District Court imposed a legal sentence when it sentenced Thompson to a five-year commitment to the DOC.
FACTUAL AND PROCEDURAL BACKGROUND
¶5 Thompson and Debbie Love (Love) were in a relationship for five years. They went gambling at casinos in Billings, Montana, on December 20, 2010. Thompson's ex-girlfriend also happened to be at one of the casinos. Thompson left abruptly after Love questioned the presence of Thompson's ex-girlfriend at the casino.
¶6 Love and Thompson returned to Love's house. Thompson refused to talk about his ex-girlfriend. Thompson instead tried to initiate sex with Love. Love did not want to have sex with Thompson. As a result, Thompson held Love down and punched her repeatedly. Love asked Thompson why he would beat her if he loved her. Thompson stopped punching Love.
¶7 Love went to the bathroom to assess her wounds. She discovered that she had a bloody nose and that her face was swollen. Love cleaned up and returned to sleep in the same bed as Thompson. Love told Thompson that she would make breakfast when they woke up the next morning. Love called 911 ...