State v. Rytky

Summary

The Montana Supreme Court held that Wilbur Eskill Rytky could not appeal an equal protection challenge after entering a conditional guilty plea because the district court had not adversely determined the specified pretrial motion as required by Montana law. The court invalidated the conditional plea and remanded for the district court to vacate the guilty plea, sentence, and judgment and conduct further proceedings.

Holdings

1. The equal-protection issue was not properly before the Montana Supreme Court because the District Court had not adversely determined Rytky's specified pretrial motion to dismiss.
2. The conditional guilty plea was invalid because the State lacked authority to consent to, and the District Court lacked authority to approve, a reservation of appellate review where no adverse determination of the pretrial motion had occurred.

Questions Presented

1. Whether Rytky's constitutional equal-protection challenge was properly before the Montana Supreme Court after his guilty plea and purported conditional reservation of appellate rights.
2. Whether a defendant may validly reserve appellate review under § 46-12-204(3), MCA, when the trial court has not adversely determined the specified pretrial motion.

Disposition

remanded