State v. Hamby

¶1 Pursuant to § 45-5-503, MCA, a jury found Bruce Hamby guilty of sexually assaulting D.S., a ten-year old girl with Down’s Syndrome. He was sentenced by the Thirteenth Judicial District Court, Yellowstone County, to 50 years at the Montana State Prison. Hamby appeals his conviction based on discretionary rulings involving the denial of a lesser included offense instruction, a competency hearing, and admission of certain testimony. We affirm the District Court as to each of these matters and uphold Hamby’s conviction.

¶2 We restate the dispositive issues as follows:

¶3 1. Did the District…