Montana v. Otto
Annotate this CaseThe Montana Supreme Court affirmed defendant's sentence after he pleaded guilty to one count of sexual intercourse without consent. The court held that the district court carefully considered Montana's sentencing policies, statutory factors, and other relevant evidence in deciding defendant's sentence. The court explained that the district court's reference to defendant's unresponsive answer, which did not affirmatively invoke a constitutional right, was made in passing and was part of a much larger assessment of defendant's attitudes and character. The court held that this singular comment did not impact defendant's sentence. In this case, defendant's sentence was within the statutory limits, and was supported by the totality of the district court's appropriately stated reasons.
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