State v. Rodarte

¶1 Appellant Francisco Rodarte (“Rodarte”) was convicted in the Eighth Judicial District Court, Cascade County, on four counts of Incest, a felony, pursuant to § 45-5-507, MCA. Rodarte appeals his conviction. We affirm the District Court.

¶2 We address the following issues on appeal:

¶3 Did the State make an improper closing argument, and if so, should the District Court have granted Rodarte’s motion for mistrial?

¶4 Did the District Court improperly allow evidence which should have been excluded under Rule 404(b), Mont.R.Evid.?

BACKGROUND

¶5 Rodarte and Mona Ekblad, now his ex-wife, are the…