State v. G. Makarchuk

¶1 Appellant Gordon Edward Makarchuk (Makarchuk) appeals from the order, judgment, and sentence of the Eleventh Judicial District Court, Flathead County, denying his motion for new trial, setting conditions of parole and probation, and refusing to credit him time served on house arrest pending trial. We affirm in part and reverse in part.

¶2 We consider the following restated issues on appeal:

¶3 1. Was Makarchuk’s constitutional right to be present at critical stages of the trial violated when he was absent from a portion of the conference settling jury instructions?

¶4 2. Did the District…