State v. Rytky

¶1 Wilbur Eskill Rytky (Rytky) appeals from the judgment entered by the Eleventh Judicial District Court, Flathead County, on his conviction and sentence for the felony offense of deviate sexual conduct. The issue raised by Rytky is whether the application of § 45-5-505, MCA, in this case violates his right to equal protection of the laws under the United States and Montana Constitutions. We conclude, however, that we first must determine whether that issue is properly before us. For the reasons discussed below, we conclude it is not and remand with instructions.

¶2 The dispositive issue is…