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State v. Wallace

Supreme Court of Montana

January 15, 2019

STATE OF MONTANA, Plaintiff and Appellee,
v.
GERALD OWEN WALLACE, Defendant and Appellant.

          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.

          For Appellant: Chad Wright, Appellate Defender, Koan Mercer, Assistant Appellate Defender, Helena, Montana

          For Appellee: Timothy C. Fox, Montana Attorney General, Katie F. Schulz, Assistant Attorney General, Helena, Montana

          Joshua Racki, Cascade County Attorney, Matthew S. Robertson, Deputy County Attorney, Great Falls, Montana

          OPINION

          Beth Baker, Justice.

         ¶1 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 Montana Reports.

         ¶2 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.

         The 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.

         Jury ...


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