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Date: 06-28-2022

Case Style:

State of Montana v. Chester Raymond Bauer

Case Number: 20-0469

Judge: James Jeremiah Shea

Court: Supreme Court of Montana on appeal from the "District Court of the Third Judicial District, In and For the County of Anaconda-Deer Lodge, Cause No. DC 00-25 Honorable Ray Dayton, Presiding Judge

Plaintiff's Attorney: Anaconda-Deer Lodge County Montana Attorney's Office

Defendant's Attorney:

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Description: Anaconda Deer Lodge, Montana criminal defense lawyer represented Defendant charged with sexual intercourse without consent and aggravated assault.

¶3 In 1983, Bauer was convicted of two felonies, sexual intercourse without consent and aggravated assault. While incarcerated, Bauer pled guilty to felony intimidation of a prison guard's wife in Powell County in 1991, and was convicted by a jury in 1996 for escape, a misdemeanor, and intimidation and sexual intercourse without consent of a female inmate who was also incarcerated at the Blaine County Jail, both felonies. On September 22, 1997, Bauer was exonerated for the 1983 crimes based on DNA evidence and newly discovered evidence of actual innocence. In light of the exoneration, Bauer was resentenced for the Blaine County crimes following a successful appeal to this Court for postconviction relief. We held that because Bauer's Blaine County sentences were predicated on materially false information, "we [could] not fairly conclude that Bauer was given a sufficient opportunity to be heard and to rebut that misinformation at the time of sentencing." Bauer v. State, 1999 MT 185, ¶27, 295 Mont. 306, 983 P.2d 955. On remand,
the District Court imposed a shorter sentence, explaining that Bauer had "done sufficient prison time in connection with the present offenses to teach him that the rules must be followed." Bauer was released on November 26, 1999, shortly after the sentencing hearing.

¶4 In April 2000, the State charged Bauer with incest against his 18-year-old physically and mentally disabled daughter following allegations that he had non-consensual sexual intercourse with her two times approximately one month after his release. A jury convicted Bauer in October 2000, and the court sentenced him to life in prison for the underlying offense of incest, as well as an additional 20 years to run consecutively for his designation as a persistent felony offender (PFO), and imposed the restriction that Bauer was ineligible for parole. Bauer appealed the conviction, but did not challenge the sentence, and we affirmed. State v. Bauer, 2002 MT 7, 308 Mont. 99, 39 P.3d 689.
State v. Bauer, 2022 MT 126N (Mont. 2022)

Outcome: Reversed

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Defendant's Experts:


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