STATE v KAPLAN
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No. 95-305 IN THE SUPREME COURT OF THE STATE OF MONTANA 1996 APPEAL FROM: District Court of the Fourth Judicial District, In and for the County of Missoula, The Honorable Ed McLean, Judge presiding. COUNSEL OF RECORD: For Appellant: Douglas For Anderson, Missoula, Montana Respondent: Honorable Joseph P. Mazurek, Attorney General; Kathy Seeley, Assistant Attorney General, Helena, Montana Robert L. Deschamps Wing, Deputy County Submitted III, County Attorney; Attorney, Missoula, on Briefs: Decided: Filed: Betty Montana January 4, 1996 January 30, 1996 Chief Justice J. Michal Kaplan violation of court, A. mental was charged County. Pursuant prosecution, the We find the Whether Kaplan On March 29, information violation of attorney filed causes of The stalking with her Alaska Court. Judicial not in District between guilty Kaplan by reason We dismiss the of appeal. on appeal: a judgment finding her not or defect. Missoula with County three Attorney counts On August 9, charging stalking. filed of stalking 1994, the Kaplan On November an 18, in county with 1994, the an two consolidated. all arts arose from Kaplan's repeated contact Kaplan has a long history instructor. institutionalized in both and Montana. dismiss the is Kaplan's found Pursuant 19, charges 1994, Kaplan moved her against the on Following unconstitutional. the District grounds briefing, Court that to § 45-5-220, the court denied Kaplan should motion. On March be from and has been repeatedly On December MCA, Kaplan information of martial illness Fourth a stipulation found MCA. charges former of mental the another were the disease § 45-5-220, action stalking, dispositive Kaplan counts of to appeal 1994, four counts appeals. mental charging the issue can of of seven in Opinion Kaplan following by reason additional court or defect. the with MCA, disease guilty delivered 5 45-5-220, Missoula and the Turnage 13, not to the 1995, guilty parties' the by parties reason stipulated of stipulation, 2 mental the that disease court found or defect. Kaplan not guilty by reason to the custody Kaplan now appeals disease or defect. Superintendent of the Section dant," of mental of the the denial 46-20-104, reads, in of her Kaplan Montana motion MCA, entitled to "Scope was committed State Hospital. dismiss. of appeal by defen- part: An appeal may be taken by the defendant only (1) from a final iudqment of conviction and orders after judgment which affect the substantial rights of the defendant. [Emphasis added.] See also stalking not Rule l(d), by reason convicted, appeal. of is not who are a mental found not We conclude was not guilty dismiss her for that is Kaplan by reason appeal. not of Kaplan was from which to a judgment absent and avenues a finding of to of appeal that 46-14-301 who have of guilty order. Sections defect not Because dismiss, following constitutionality guilty to individuals or found conviction remedies or defect. disease the of an appealable committed methods a mental motion was or defect. judgment provide disease MCA, provide Appealing her statutes Kaplan disease no itself individuals were is The denial Montana from of mental there conviction, from M.R.App.P. been they challenge such statute under the suffer through found -303, to a for suffer finding. which they an option. cannot of mental appeal disease from a judgment or defect. that We therefore she We concur: Justices
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