State v. Robertson, 2015 MT 341 (Dec. 8, 2015) (Cotter, J.) (5-0, rev’d)
Issue: Whether the district court erred in dismissing the aggravated assault charge against Robertson based on the state’s failure to issue a fitness-to-proceed report within 90 days of Robertson’s commitment.
Short Answer: Yes, because Robertson waived the timeliness argument.
Reversed and remanded
Facts: Ross Robertson has been in and out of the state hospital at least seven times since 2004. Robertson attempted to rob a convenience store using a weapon in 2005. After a competency evaluation, he pled guilty but mentally ill and was sentenced to DPHHS’s custody for 15 years with 5 suspended.
In January 2012, Robertson violently attacked and seriously injured a nurse at MSH.…