State v. Goodenough, 245 P.3d 14

Goodenough, grandfather, was convicted by a jury of sexual assault, incest, and sexual intercourse without consent involving his older granddaughter for acts between 2002 and 2005.
Two victims were his granddaughters who reported repeated sexual encounters; offenses spanned several years while they lived with relatives.
Information charged multiple counts alleging continuing conduct and offenses against the older granddaughter from 2002–2005; younger granddaughter charges were separate.
District Court sentenced Goodenough to 50 years on each count, to run concurrently, and designated him a Level II sex offender with 18 years parole restriction; no challenge to younger granddaughter convictions.
On appeal, Goodenough argued double jeopardy barred sentencing on both sexual assault and sexual intercourse without consent for the older granddaughter and claimed ineffective assistance of counsel for not raising it at sentencing.
The majority affirmed the convictions and sentence, holding the offenses could be treated as separate incidents under §46-11-410, MCA, and that there was no ineffective assistance of counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did sentencing for both sexual assault and sexual intercourse without consent violate double jeopardy?	Goodenough contends the older-granddaughter offenses merged into a single transaction.	State argues multiple offenses arising from a continuing conduct period may be charged separately.	No double jeopardy; multiple offenses upheld.
Did the continuing course of conduct language affect the validity of convictions under §46-11-410, MCA?	Goodenough relies on Williams to claim a single transaction barred dual convictions.	State asserts separate incidents over years can be charged separately and Williams is distinguishable.	The language does not require treating as one transaction; convictions supported.
Was Goodenough deprived of effective assistance of counsel by failure to object at sentencing?	Ineffective assistance due to trial counsel not raising the §46-11-410 issue.	No prejudice or deficient performance established; record supports defense strategy.	No ineffective assistance; convictions upheld.

State v. Williams, 2010 MT 58 (Mont. 2010) (holding on continuing conduct and multiple offenses under §46-11-410)
State v. Mona Hamilton, 252 Mont. 496 (Mont. 1992) (continuing course of conduct may be described without more specificity)
State v. Darryl Hamilton, 2007 MT 223 (Mont. 2007) (separate offenses may arise from similar conduct over time; factual distinctions matter)
State v. Little, 260 Mont. 460 (Mont. 1993) (courts resist exacting dating standards in child-sex cases; continuing conduct scrutinized)
State v. Weaver, 1998 MT 167 (Mont. 1998) (unanimity instructions when acts form one transaction)
State v. White, 2008 MT 129 (Mont. 2008) (jurors presumed to follow proper individual-offense instructions)