State v. T. Roberts, DA 21-0513

Terrance Anthony Roberts was convicted by a jury of Attempted Kidnapping and Obstructing a Peace Officer in Missoula County, Montana.
The case involved Roberts' interaction with a minor, Z.S., where he forcibly grabbed her arm and told her "You're coming with me," after she tried to disengage.
Roberts fled from a uniformed police officer (Officer Puddy) who, after responding to a call, attempted to detain him regarding the incident with Z.S.
At trial, Roberts did not dispute much of Z.S.'s account but argued he should have been charged with a lesser crime (unlawful restraint) due to lack of kidnapping intent.
On appeal, Roberts raised concerns about jury instructions, evidentiary admission of a police body cam video, the requirement to register as a sexual offender, and an erroneously imposed presentence investigation (PSI) fee.

Issue	Roberts' Argument	State's Argument	Held
Incorrect mental state jury instruction ("knowingly") on obstruction charge	The jury was misinstructed, amounting to a manifest miscarriage of justice.	Error was harmless; evidence was overwhelming.	Incorrect instruction, but no prejudice; conviction affirmed.
Jury instructions on "force" and "liberty" (attempted kidnapping/unlawful restraint)	Instructions were confusing and prejudicial, undermining the jury's ability to decide.	Definitions, while not perfect, were adequate and not prejudicial.	Slightly confusing, but not prejudicial; conviction stands.
Admission of police body camera video	The video was hearsay and its admission prejudiced the defense.	Evidence was cumulative, admissible, or, if error, harmless.	Admission was, at most, harmless error.
Requirement to register as a sexual offender	Unlawful and not warranted by the facts.	Statutorily mandated where the victim is a minor and the offense is kidnapping.	Registration requirement was legal and within statutory mandate.
Imposition of $50 PSI fee	Improper, as it was not orally pronounced at sentencing.	Conceded error; fee should not have been imposed.	Remanded to remove PSI fee from judgment.

TCF Enters., Inc. v. Rames, Inc., 415 Mont. 306 (2024) (standard for reviewing jury instructions and prejudice requirement)
State v. Bennett, 408 Mont. 209 (2022) (correct mental state required for obstruction of a peace officer)
State v. Smith, 404 Mont. 245 (2021) (harmless error for evidentiary admissions)
State v. Pine, 413 Mont. 254 (2023) (limits on appellate review of sentencing and legality of sexual offender registry requirements)
State v. Secrease, 405 Mont. 229 (2021) (ineffective assistance of counsel standard)
State v. Kotwicki, 335 Mont. 344 (2007) (legality of sentencing and registry requirements)