State v. Dustin Robertson

Summary

The Montana Supreme Court affirmed a probation condition prohibiting Dustin Robertson from contacting his two children unless they voluntarily initiated contact through the Department of Corrections. The court held that Robertson had not preserved his constitutional challenges and that plain-error review was unwarranted. Applying deferential review, the court concluded that the condition had a sufficient nexus to the offense and offender and was not an abuse of sentencing discretion.

Holdings

1. The court declined to review Robertson's as-applied constitutional challenges because he did not raise constitutional objections in the District Court and the circumstances did not warrant plain-error review.
2. Condition 25 was legally authorized, sufficiently connected to Robertson and his offense, and did not constitute an abuse of the District Court's broad sentencing discretion.

Questions Presented

1. Whether the sentencing court's probation condition prohibiting Robertson from contacting his children unless they voluntarily initiated contact violated his constitutional parental rights and related statutory rights.
2. Whether Condition 25 was unreasonable or constituted an abuse of discretion because Robertson was not convicted of an offense against his children and the children were not named in the amended information or plea agreement.

Disposition

affirmed