State v. Ellison

The Supreme Court affirmed in part and reversed in part Defendant’s convictions of two counts of tampering with or fabricating physical evidence and one count of impersonation of a public servant, holding that Defendant was improperly convicted of two offenses arising out of the same transaction.The Supreme Court reversed Defendant’s conviction for the second count of tampering with or fabricating evidence, holding (1) the district court did not abuse its discretion by admitting evidence related to Defendant’s prior acts; (2) Defendant’s counsel provided deficient representation for failing to object to Defendant’s convictions under the multiple conviction statute, Mont. Code Ann. 46-11-410, and the error prejudiced Defendant; and (3) the district court erred by imposing a “per count” surcharge for count information technology under Mont. Code Ann. 3-1-317(1)(a). View "State v. Ellison" on Justia Law