Submitted on Briefs: November 8, 2018
District Court of the Eighth Judicial District, In and For
the County of Cascade, Cause No. CDC-14-367 Honorable John A.
Kutzman, Presiding Judge.
Appellant: Chad Wright, Appellate Defender, Koan Mercer,
Assistant Appellate Defender, Helena, Montana
Appellee: Timothy C. Fox, Montana Attorney General, Katie F.
Schulz, Assistant Attorney General, Helena, Montana
Racki, Cascade County Attorney, Matthew S. Robertson, Deputy
County Attorney, Great Falls, Montana
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court
Internal Operating Rules, this case is decided by memorandum
opinion and shall not be cited and does not serve as
precedent. Its case title, cause number, and disposition
shall be included in this Court's quarterly list of
noncitable cases published in the Pacific Reporter and
Gerald Owen Wallace was charged in the Eighth Judicial
District Court with:
(1) Count 1, felony incest, in violation of §
45-5-507(1), MCA, for Wallace's alleged improper sexual
contact with his granddaughter M.H.;
(2) Count 2, felony incest, in violation of §
45-5-507(1), MCA, for Wallace's alleged sexual
intercourse with his daughter T.W.D.;
(3) Count 3, attempted felony incest, in violation of §
45-5-507(1), MCA, for Wallace's alleged attempted
improper sexual contact with his son J.W.; and
(4) Count 4, misdemeanor surreptitious recordation, in
violation of § 45-5-223(1), MCA, for Wallace's
alleged video recording of his adopted daughter C.G.W.'s
genital area while she was sitting at a computer desk.
Cascade County jury convicted Wallace of Counts 1, 2, and 3.
The jury found Wallace not guilty of Count 4. The jury found
that since C.G.W. knew of the recording more than one year
prior to the charges, the statute of limitations had expired
on the surreptitious recordation charge. Wallace raises six
issues on appeal, which we consider in turn.