Archive | Remand to correct written judgment

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State v. Hancock

State v. Hancock, 2016 MT 21 (Jan. 26, 2016) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court erred by denying Hancock’s motion to dismiss a DUI conviction based on his claim that his 1999 DUI conviction, used to support the felony charge, was constitutionally infirm, and (2) whether the district court erred by stating Hancock was convicted of a DUI rather than a DUI per se.

Short Answer: (1) No, and (2) yes.

Affirmed and remanded for correction of the judgment

Facts: The state charged Hancock with a fourth DUI offense, a felony, based on his having been convicted of one DUI in 1999 and two DUIs in 2004. Hancock moved to dismiss the 1999 conviction, alleging his constitutional right to counsel had been violated in that proceeding.…

State v. Pulst

State v. Pulst, 2015 MT 184 (June 30, 2015) (Wheat, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether trial court abused its discretion by admitting evidence of uncharged sexual assault; (2) whether trial court abused its discretion by excluding evidence that victim’s mother observed and photographed bruises on victim several years after sexual assaults; and (3) whether trial court’s written sentence conformed to oral sentence.

Short Answer: (1) No; (2) no; and (3) no, requiring remand for correction.

Affirmed in part and reversed in part

Facts: AB, born in 1988, frequently visited family in Chester when she was a child. Pulst, AB’s uncle, would take AB on drives between the time she was 7 and 11 years old, and sexually assault her.…

State v. Dupree

State v. Dupree, 2015 MT 103 (April 14, 2015) (Rice, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court properly denied Dupree’s motion to suppress evidence found in the search of her purse, and (2) whether the district court improperly altered its oral pronouncement in the written judgment.

Short Answer: (1) Yes, and (2) yes. 

Affirmed (1) and reversed (2)

Facts: A Havre police officer and drug task force member received a call from a border patrol agent advising him he had received a call from an Amtrak agent saying Billie Rae Dupree would be leaving the train station later that day with drugs in her possession. The officers went to the station, approached Dupree and identified themselves, and told her about the tip they had received.…

State v. Byrd

State v. Byrd, 2015 MT 20 (Jan. 27, 2015) (Cotter, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court erred in imposing $800 in public defender fees in the written judgment after imposing $500 in the oral pronouncement; and (2) whether the district court erred in denying Byrd credit for time served in a residential treatment facility.

Short Answer: (1) Yes, and (2) no.

Affirmed and reversed

Facts: Amanda Byrd was convicted of fraudulently obtaining dangerous drugs, a felony, in 2008. In January 2011 she was charged with a second offense of the same crime. In exchange for her guilty plea to a single count, the parties agreed to an 8-year sentence to the DOC, with 3 years suspended.…

State v. Greene

State v. Greene, 2015 MT 1 (Jan. 6, 2015) (Wheat, J.) (5-0, aff’d, rev’d in part)

Issue: (1) Whether Greene’s ineffective assistance of counsel claim was reviewable on postconviction relief; (2) whether the lower court erred in providing jury with a portion of the testimony; and (3) whether the written sentence unlawfully increased the oral sentence.

Short Answer: (1) No; (2) no; and (3) yes.

Affirmed in part, reversed in part

Facts: Greene was convicted of felony sexual assault in 1994. He was required to register as a sexual offender upon his release from prison, although not assigned a sexual offender tier level designation.

After being discharged from prison in July 2011, Greene registered his address with Missoula County, and signed a form regarding rules for updating his address.…

State v. MacDonald

State v. MacDonald, 2013 MT 105 (April 23, 2013) (7-0) (Baker, J.)

Issue: (1) Whether the district court erred by ordering a change in parenting arrangements for John Doe as part of the criminal sentence, despite pending dependency and neglect proceedings, and (2) whether the district court exceeded statutory mandates by ordering MacDonald to pay fees, costs, and surcharges without inquiring into her ability to pay.

Short Answer: (1) No, but the court should not have included a statement in the written judgment that John Doe’s father should be presumed to have custody; and (2) no.

Affirmed and remanded to strike part of written judgment

State v. Birthmark

State v. Birthmark, 2013 MT 86 (April 9, 2013) (5-0) (McGrath, C.J.)

Issue: (1) Whether Birthmark’s attorney provided ineffective assistance of counsel; (2) whether the Court should exercise plain error review of the jury instructions regarding the mental state for partner-family member assault; and (3) whether the written judgment should be corrected.

Short Answer: (1) No; (2) no; and (3) yes.

Affirmed & remanded for correction of the written judgment