State v. Lattin

Defendant Mr. Lattin appeals his criminal sentencing by Cascade County District Judge Thomas McKittrick, whom he had moved to disqualify. We affirm.

The issue is whether Judge McKittrick erred in assuming initial jurisdiction over the motion to disqualify and in denying that motion.

Mr. Lattin was charged with sexual assault upon his minor stepdaughter. On the date originally set for trial, he entered a guilty plea. Judge McKittrick ordered a pre-sentence investigation, revoked Mr. Lattin’s bail, and set a sentencing date for the following month.

At his sentencing hearing, Mr. Lattin filed a…