Submitted on Briefs: January 21, 2015.
Released for Publication May 7, 2015.
APPEAL FROM: District Court of the Eleventh Judicial District, In and For the County of Flathead, Cause No. DC-12-358, DC-12-359. Honorable Robert B Allison, Presiding Judge.
For Appellant: Wade Zolynski, Chief Appellate Defender, Gregory Hood, Assistant Appellate Defender, Helena, Montana.
For Appellee: Timothy C. Fox, Montana Attorney General, Pamela P. Collins, Assistant Attorney General, Helena, Montana; Ed Corrigan, Flathead County Attorney, Allison E. Howard, Deputy, County Attorney, Kalispell, Montana.
JAMES JEREMIAH SHEA. We Concur: MIKE McGRATH, MICHAEL E WHEAT, LAURIE McKINNON, PATRICIA COTTER. Justice James Jeremiah Shea delivered the Opinion of the Court.
[378 Mont. 515] James Jeremiah Shea,
[¶1] Michael Dunsmore appeals from the judgment of the Eleventh Judicial District Court, Flathead County, that sentenced him to five years in the Montana State Prison (MSP) for failure to register as a sex offender, and a consecutive sentence of ten years in MSP with five years suspended for felony theft.
[¶2] The issue on appeal is whether the District Court Judge was disqualified from hearing Dunsmore's case due to personal
knowledge of facts in dispute in the sentencing proceeding. We affirm.
PROCEDURAL AND FACTUAL BACKGROUND
[¶3] Dunsmore was charged with failure to register as a sex offender and theft, both felonies. Dunsmore entered into a plea agreement with the State that recommended a ten-year sentence to the Department of Corrections (DOC) with all ten years suspended. The presentence investigation (PSI) concluded Dunsmore was not fit for community supervision, however, and ...