State v. Anderson

¶1 In proceedings before the Fourteenth Judicial District Court, Musselshell County, William Joseph Anderson (hereinafter Anderson) was charged with and pled guilty to acts of incest with his minor daughter. Anderson appeals his sentence on the grounds that the sentencing court improperly relied upon a psychosexual evaluation which included the results of a polygraph test. We reverse and remand.

ISSUES

¶2 1. Did the District Court err in denying Anderson’s motion to have a new psychosexual evaluation performed without the use of a polygraph test?

¶3 2. Did the State breach its plea agreement…