![]() ![]() These charges stemmed from an incident with F.L. The count of solicitation was an alternative to the first count, which alleged that Burley encouraged F.L. The first count alleged that Burley made his stepdaughter, F.L., who was five years old at the time of the incident, touch his penis. ♣ On December 25, 2016, the State filed an Affidavit and Motion for Leave to File Information charging Burley with two counts of incest and one count of solicitation of incest. Burley also argues the District Court erred when it imposed a 25-year parole restriction in its sentencing judgment. Alternatively, Burley argues that even if the evidence was admissible under Rule 404(b)’s exceptions, the evidence was inadmissible under Rule 403 because its prejudicial effect substantially outweighed any probative value. Burley argues the District Court erred in denying his motion in limine to prohibit the State from introducing character evidence in violation of M. ![]() ♢ Joshua Donald Burley (“Burley”) appeals from his convictions of incest and solicitation of incest in the Thirteenth Judicial District Court, Yellowstone County. Its case title, cause number, and disposition shall be included in this Court’s quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports. ♡ Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and shall not be cited and does not serve as precedent. Twito, Yellowstone County Attorney, Mary Leffers Barry, Deputy County Attorney, Billings, Montana Submitted on Briefs: MaDecided: Filed: cir-641.-if _ Clerk Chief Justice Mike McGrath delivered the Opinion of the Court. Fox, Montana Attorney General, Tammy K Plubell, Assistant Attorney General Helena, Montana Scott D. Harris, Presiding Judge COUNSEL OF RECORD: For Appellant: Chad Wright, Appellate Defender, Moses Okeyo, Assistant Appellate Defender, Helena, Montana For Appellee: Timothy C. ![]() APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause No. JOSHUA DONALD BURLEY, Defendant and Appellant. DA 18-0277 Case Number: DA 18-0277 IN THE SUPREME COURT OF THE STATE OF MONTANA 2020 MT 130N STATE OF MONTANA, Plaintiff and Appellee, v. ![]()
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