State v. White Bear

Summary

The Montana Supreme Court affirmed Brian White Bear’s conviction for failing to register as a violent offender under Montana’s Sexual or Violent Offender Registration Act. The court held that the registration requirement was a separate statutory obligation rather than part of the sentence for his prior offense, and declined to consider an argument raised for the first time on appeal.

Holdings

1. The failure-to-register charge was not subject to dismissal on the ground that the sentencing court did not include or provide notice of the registration duty, because the Sexual or Violent Offender Registration Act creates a separate statutory offense and its registration requirements are not part of the punishment imposed for the original violent offense.
2. The court would not consider White Bear's waiver claim because he failed to raise it in the District Court and raised it for the first time on appeal.

Questions Presented

1. Whether the information charging White Bear with failure to register as a violent offender should have been dismissed because the sentencing court did not provide notice of the registration duty.
2. Whether the State waived enforcement of the registration requirement by failing to include it in or correct White Bear's original sentence.

Disposition

affirmed