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State v. Luchau12/29/1999
he, prior to appeal, ever challenge the application of § 61-8-404(1)(a), MCA. Luchau now attempts to raise this constitutional challenge on appeal despite not having raised it below.
Under §§ 46-20-104(2) and -701(2), MCA, a failure to raise an objection during the district court proceeding constitutes waiver of the claimed irregularity unless one or more of several narrow statutory exemptions (not argued here) apply. We will not address an issue raised for the first time on appeal. Nason v. Leistiko, 1998 MT 217, 18, 290 Mont. 460, 18, 963 P.2d 1279, 18.
The judgment of the District Court is affirmed.
W. WILLIAM LEAPHART
We concur:
J. A. TURNAGE
WILLIAM E. HUNT, SR.
JIM REGNIER
TERRY N. TRIEWEILER
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