We review the denial of a motion to dismiss for insufficient evidence (formerly a motion for directed verdict) de novo. State v. Kirn, 2012 MT 69, ¶ 8, 364 Mont. 356, 374 P.3d 746.
A ruling on a motion to dismiss in a criminal proceeding is a question of law, which we review de novo. State v. Burns, 2011 MT 167, ¶ 17, 361 Mont. 191, 256 P.3d 944.
A district court's conclusion as to whether sufficient evidence exists to convict is ultimately an analysis and application of the law to the facts, and as such is properly reviewed de novo. State v. Swann, 2007 MT 126, ¶ 19, 337 Mont. 326, 160 P.3d 511.
A motion to dismiss for insufficient evidence is appropriate only if, viewing the evidence in the light most favorable to the prosecution, there is not sufficient evidence upon which a rational trier of fact could find the essential elements of the crime beyond a reasonable doubt. State v. Rosling, 2008 MT 62, ¶ 35, 342 Mont. 1, 180 P.3d 1102 (citing § 46-16-403, MCA).