State v. DaSilva

¶1 A jury in the Eighth Judicial District Court, Cascade County, found Robert DaSilva, Jr., guilty of failure to provide notice of address change as a sex offender, a felony, in violation of §§ 46-23-505, -504(5), -507, and -502(9)(b), MCA (2007), and resisting arrest, a misdemeanor. DaSilva appeals, raising two issues. We affirm and restate the issues as follows:

¶2 1. Did the District Court violate DaSilva’s due process right by instructing the jury as a matter of law that DaSilva’s previous Washington conviction was a “sexual offense”?

¶3 2. Did the District Court err in granting a…