State v. Egdorf9/25/2003
Submitted on Briefs: June 20, 2002
August D. Egdorf (Egdorf), an outfitter, was charged and convicted in the Justice Court of Musselshell County of five misdemeanor offenses involving violations of Montana's fish and wildlife laws and the laws pertaining to outfitters. Specifically, Egdorf was convicted of two counts of failing to report the unlawful taking of wildlife by a client, in violation of §§ 37-47-344 and 37-47-404, MCA (1999); possession of unlawfully taken game, in violation of § 87-3-112, MCA; conspiracy to kill a mule deer without a special permit, in violation of §§ 45-4-102 and 87-2-103, MCA; and solicitation to hunt without a license, in violation of §§ 45-4-101 and 87-2-103, MCA.
On March 5, 2001, Egdorf timely appealed his convictions to the Fourteenth Judicial District Court, Musselshell County, for a trial de novo . There, he moved to dismiss all counts pending against him, arguing that the extended statute of limitations for commencing prosecution of misdemeanor fish and game offenses usurped his rights to equal protection and due process of law and that mandatory forfeiture of licenses was unconstitutional. The District Court denied Egdorf's motion to dismiss. Pursuant to a plea agreement, the conspiracy and solicitation charges were dismissed, and Egdorf thereafter pled guilty to two instances of failing to report a game violation by a client, in violation of §§ 37-47-344 and 37-47-404, MCA, and possessing unlawfully taken game, in violation of § 87-3-112, MCA. Egdorf, however, reserved his right to appeal the District Court's denial of his motion to dismiss. Egdorf appeals. We affirm.
Egdorf raises two issues on appeal which we combine and restate as follows:
Does Montana's three-year statute of limitations for misdemeanor violations of fish and game laws, set forth in § 45-1-205(5) and (6), MCA (1999), violate equal protection and due process of law?
FACTUAL AND PROCEDURAL BACKGROUND
At all times relevant to this appeal, Egdorf worked as an outfitter. Defined generally, an outfitter is one who, for consideration, provides facilities or personal services to anyone wishing to hunt game, and who generally accompanies that person on the expedition. See § 37-47-101(11), MCA.
In April 2000, Egdorf was charged with five misdemeanor offenses involving violations of Montana's fish and wildlife laws and the laws pertaining to outfitters. The facts giving rise to these charges, misdemeanor violations, took place nearly two years earlier in November 1998.
Generally, prosecutions for misdemeanors must be commenced within one year after the offense is committed. Section 45-1-205(2)(b), MCA. However, prosecutions for misdemeanor "fish and game offenses" (offenses defined under Title 87 and Title 37, chapter 47 of the Montana Code Annotated) may be commenced within three years from the date of commission. See § 45-1-205(5) and (6), MCA. Title 87 pertains generally to restrictions and regulations relating to fish and wildlife while Title 37 governs the activities of outfitters.
Following his conviction in Justice Court, Egdorf appealed to the District Court of the Fourteenth Judicial District, Musselshell County, for a trial de novo . In his motion to dismiss all counts, Egdorf argued that the three-year statute of limitations imposed by § 45-1-205(5) and (6), MCA, when compared to the one-year statute of limitations for most other misdemeanors, unconstitutionally deprived him of his fundamental rights to pursue basic necessities, enjoy liberties, and seek health and happiness, thereby violating his right to equal protection. In support of his position, Egdorf asserted t
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