State v. R. Otto

¶1 Appellant, Robert Lee Otto (Otto), pled guilty to one count of Sexual Intercourse Without Consent and was sentenced by the Eighth Judicial District Court, Cascade County. He challenges his sentence on appeal, raising the following issue:

Did the District Court violate Otto’s constitutional rights by basing his sentence on his refusal to answer a question in the presentence investigative report?

FACTUAL AND PROCEDURAL BACKGROUND

¶2 In June 2014, Great Falls police responded to the Rescue Mission to locate a 13-year-old girl, D.R., who had run away from her home in Shelby, Montana. D.R. was…