City of Helena v. Grove
2017 MT 111
| Mont. | 2017Background
- Anthony Grove was cited for two misdemeanors on Sept. 27, 2015, and pled not guilty on Sept. 28, 2015 in Helena Municipal Court.
- Municipal Court originally set trial for Feb. 18, 2016, then moved it sua sponte to March 29, 2016.
- On morning of trial Grove moved to dismiss for violation of the six-month speedy-trial statute, § 46-13-401(2), MCA; the Municipal Court denied the motion and a jury convicted him on March 29, 2016.
- Grove appealed the denial to the First Judicial District Court; the district court affirmed, and Grove appealed to the Montana Supreme Court.
- The dispositive legal question was how to compute the six-month period in § 46-13-401(2) — whether to start counting the day of plea or the day after and how to apply "six months" as calendar months.
- The Supreme Court concluded the proper computation is to count forward six calendar months from the month/day of the plea to the corresponding day in the sixth month (or the last day of that month if shorter), making March 28, 2016 the last timely day for Grove’s trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the six-month period in § 46-13-401(2) is measured from the day of plea or the next day, and how to count "6 months" | State: the statutory period begins the day after the plea and thus March 29, 2016 was within six months | Grove: counting calendar occurrences (including leap day) makes March 29, 2016 one day late | Court held: measure six calendar months from the plea date to the corresponding day in the sixth month (or last day if shorter); Grove’s trial on March 29, 2016 was untimely |
Key Cases Cited
- State v. Chesarek, 953 P.2d 698 (Mont. 1998) (adopts plain-meaning "calendar month" counting for § 46-13-401(2))
- State v. Hayes, 953 P.2d 700 (Mont. 1998) (discusses start-date and calendar-month example for six-month period)
- State v. Ronningen, 691 P.2d 1348 (Mont. 1984) (calculates six-month end date by counting forward to the corresponding day in the sixth month)
- State v. Belgarde, 798 P.2d 539 (Mont. 1990) (applies next-day start concept while also reflecting counting to the corresponding day in the sixth month)