Supreme Court
Supreme Court allows out of time appeal
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HELENA – The Montana Supreme Court has granted permission for a Missoula man convicted of stalking a Lake County woman in 2014 to appeal his sentence.
The high court granted the out-of-time appeal for Brandon Bagnell, 46, because confusion in the public defender’s office led to a timely appeal not being filed.
Bagnell pled guilty in a plea arrangement to felony stalking and received a five-year commitment to the Montana Department of Corrections. He received credit for 602 days of time served.
According to court documents, charges stem from an Aug. 10, 2014, incident where Lake County deputies and tribal police were advised of a possible assault in Ravalli. A woman who had previously been in a relationship with Bagnell said he had come to her cousin’s house and kicked the victim in the stomach and head, and stabbed her in the hand. She said he was trying to get her to sell marijuana for him. Three days later, during a search of Bagnell’s vehicle, a tribal officer found several pipes and a syringe. One pipe contained methamphetamine residue.
During his incarceration for that incident, he sent numerous letters to the woman, threatening harm to her for various reasons, include failing to visit him at the prison. She received a restraining order, and he has since repeatedly violated that order, resulting in further charges.
Bagnell is also serving time for five Flathead County cases, four of which were for violations of orders of protection.