State v. Wilson, 264 P.3d 1146

Wilson engaged in a fraudulent contract scheme to take possession of Lake County real property, involving a Meadow Road, Polson, house previously foreclosed and resold to the HUD/Grantee; he recorded fraudulent documents around August 2009 after the property's foreclosure; the State charged seven counts, three were dismissed, an amended Information was filed; Wilson repeatedly chose to represent himself after the court advised him of the dangers of self-representation and standby counsel was available; mental health evaluation found Wilson fit to proceed and to represent himself, though with personality disorder tendencies; after a jury trial, Wilson was convicted on four counts and sentenced in December 2010, with standby counsel denied a new trial and the court indicating potential conditional release if Wilson later accepts responsibility and law-abiding conduct.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver of right to counsel and self-representation validity	Wilson asserts the waiver was not knowingly intelligent.	Wilson contends he was not competent to waive and standby counsel should have been required.	Waiver found knowing, voluntary, intelligent; no required standby counsel.
Plain error review of journals admitted as evidence	State failed to authenticate journals; journals were pivotal.	Goes to fundamental right; should review for plain error.	Plain error review not warranted; no manifest miscarriage of justice shown.
Legality of sentence and consideration of § 46-18-225	Sentence allegedly augmented for refusing to confess and failed to consider alternatives.	Court properly considered sentencing factors and authority.	Sentence legal and within statutory authority; no augmentation for silence.

Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to represent oneself; physician of waiver)
State v. Langford, 882 P.2d 490 (Mont. 1994) (unequivocal request to represent oneself)
State v. Colt, 843 P.2d 747 (Mont. 1992) (standard for determining waiver of counsel)
State v. Dawson, 331 Mont. 444, 133 P.3d 236 (Mont. 2006) (tests for knowing waiver of counsel)
State v. Hartsoe, 361 P.3d 428 (Mont. 2011) (competence to proceed pro se; rights with self-representation)
State v. Browning, 333 Mont. 132, 142 P.3d 757 (Mont. 2006) (balancing right to counsel and right to self-representation)
State v. Weisweaver, 357 Mont. 384, 239 P.3d 952 (Mont. 2010) (scope of sentencing consideration; 46-18-225(2) application)
State v. Cesnik, 329 Mont. 63, 122 P.3d 456 (Mont. 2005) (self-incrimination and sentencing considerations)
State v. Imlay, 249 Mont. 82, 813 P.2d 979 (Mont. 1991) (self-incrimination and punishment limitation)
State v. Gunderson, 357 Mont. 142, 237 P.3d 74 (Mont. 2010) (plain error standard and prejudice analysis)
State v. Norquay, 359 Mont. 257, 248 P.3d 817 (Mont. 2011) (plain error review applicability)