State v. Ghostbear

¶1 Edward Ghostbear was convicted of sexual assault after a jury trial. The State of Montana appeals from the District Court’s post-trial decision that the misdemeanor penalty provided by § 45-5-502(2)(a), MCA, is the maximum sentence that can be imposed.1 We reverse and remand.

¶2 The issue on appeal is whether the District Court’s post-trial decision was correct.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 In January 2012 the State charged Edward Ghostbear with one count of felony sexual intercourse without consent under § 45-5-503(4), MCA, and an alternative count of felony sexual assault under §…