State v. D. Foster

Summary

The Montana Supreme Court affirmed Foster’s convictions, holding that his multiple sexual-offense convictions arose from distinct acts and therefore did not violate the statutory prohibition against multiple convictions for included offenses. Counsel was not ineffective for failing to make an objection that lacked merit. The court also held that Foster’s unpreserved absence from an in-chambers discussion was subject to plain-error review but was harmless beyond a reasonable doubt because he was promptly informed, ratified the continuance, and the newly discovered evidence was never presented at trial.