State of Montana, Plaintiff and Appellee v. David W. Gunderson, Defendant and Appellant

Summary

The Court upheld Gunderson’s convictions and his combined sentences of life imprisonment and 100 years as a persistent felony offender, holding that the persistent-felony-offender sentence replaces the sentence for the underlying felony but may be imposed on each felony in a multiple-felony proceeding. It also upheld the attempted-sexual-intercourse conviction, rejected the missing-evidence, mistrial, juror, and unpreserved jury-instruction claims, and dismissed several ineffective-assistance claims without prejudice because they required facts outside the record. The Court reversed the sentence insofar as it imposed unauthorized community-release conditions and remanded for those conditions to be stricken.