State v. WhiteAnnotate this Case
After a bench trial, Defendant was found guilty of assault with a weapon and sentenced to twenty years with the Department of Public Health and Human Services. Defendant appealed, arguing that the district court erred by determining that he was not mentally fit to stand trial at a hearing in which he was not present and by failing to complete the initial appearance process. The Supreme Court affirmed, holding (1) even if Defendant was improperly excluded from the proceeding at which his fitness to proceed was determined, his absence from the proceeding did not render the result unjust or unfair; and (2) Defendant was not prejudiced by the district court’s failure to provide the advisories in Mont. Code Ann. 46-7-102.