State v. Kruse

Summary

The Montana Supreme Court affirmed Wendy Kruse’s ten-year sentence for tampering with evidence. The court held that Kruse waived her challenge based on the district court’s alleged failure to consider alternatives to imprisonment because she did not object at sentencing. The sentence was neither illegal nor beyond the statutory maximum.

Holdings

1. Kruse waived her right to challenge the sentence on the ground that the district court failed to consider alternatives to imprisonment because she did not object at the sentencing hearing.
2. Kruse's ten-year sentence was neither illegal nor beyond the statutory authority granted by Montana law.

Questions Presented

1. Whether Kruse preserved for appellate review her claim that the district court failed to consider alternatives to imprisonment under section 46-18-225, MCA.
2. Whether Kruse's ten-year sentence was illegal or exceeded the statutory maximum despite the alleged failure to consider sentencing alternatives.

Disposition

affirmed