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City of Bozeman v. David Sky Cantu

February 19, 2013

CITY OF BOZEMAN, PLAINTIFF AND APPELLEE,
v.
DAVID SKY CANTU, DEFENDANT AND APPELLANT.



APPEAL FROM: District Court of the Eighteenth Judicial District, In and For the County of Gallatin, Cause No. DC 12-1B Honorable Mike Salvagni, Presiding Judge

The opinion of the court was delivered by: Justice Laurie McKinnon

Submitted on Briefs: January 23, 2013

Decided: February 19, 2013

Filed:

Clerk

Justice Laurie McKinnon delivered the Opinion of the Court.

¶1 David Sky Cantu was convicted of two misdemeanor sexual assaults, in violation of § 45-5-502, MCA, following pleas of guilty to both offenses in Bozeman Municipal Court. The Municipal Court deferred imposition of sentence for a period of two years on each charge, with the terms to run consecutively. Over Cantu's objection, the Municipal Court imposed a condition of probation that required Cantu to obtain a psychosexual evaluation and to follow through with "a minimum of 6 months of therapy unless sooner released by the counselor/therapist." Cantu appealed to the Eighteenth Judicial District Court, Gallatin County, challenging the Municipal Court's imposition of this condition, as well as a second condition not at issue in this appeal.*fn1 The District Court upheld the requirement that Cantu undergo a psychosexual evaluation and receive counseling. Cantu now appeals to this Court. We affirm.

¶2 Cantu raises the following issues on appeal:

¶3 1. Whether the Municipal Court exceeded its statutory authority by requiring Cantu to obtain a psychosexual evaluation as a condition of probation following his conviction for two misdemeanor sexual assaults.

¶4 2. Whether the Municipal Court imposed an unreasonable condition of probation by requiring Cantu to obtain a psychosexual evaluation following his conviction for two misdemeanor sexual assaults.

FACTUAL AND PROCEDURAL BACKGROUND

¶5 On September 7, 2011, Cantu was riding his longboard outside the Gallatin Valley Mall while he waited for his bus to arrive. He saw a "pretty lady" and decided to ride past her and grab her buttocks. The following day, Cantu was riding his bicycle in downtown Bozeman when he saw another woman and decided to ride past her and grab her breast. As a result of these incidents, Cantu was charged in the Municipal Court with two counts of misdemeanor sexual assault, in violation of § 45-5-502, MCA (2009). Cantu pleaded guilty to both charges.*fn2 The Municipal Court set sentencing for December 8, 2011.

¶6 At the sentencing hearing, the Municipal Court heard testimony from one of the victims, as well as Cantu's mother and step-grandfather. Cantu's mother explained that Cantu had a very difficult past year due to the breakup of his mother and stepfather. Moreover, in February 2011, when Cantu was 17 years old, his mother had him admitted to Shodair Children's Hospital for treatment of "stress." Cantu spent two weeks at the hospital.

ΒΆ7 The prosecutor asked that a condition be imposed on Cantu's sentence requiring him to obtain a psychosexual evaluation. The prosecutor explained that Cantu might benefit from specialized treatment given the sexual nature of the offenses, the fact that Cantu had committed two such offenses in quick succession, his age, and the fact that Cantu apparently was having difficulty dealing with stressors in his life. The prosecutor noted that Cantu's recent admission to Shodair indicated that he was suffering from mental health issues. Neither the prosecutor nor the Municipal Court, however, had received any information regarding the results of Cantu's evaluation, diagnosis, or treatment plan. The prosecutor asked ...


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