State v. Brooks
2010 MT 226
Mont.2010Background
- In Sept. 2007 Brooks was arrested for DUI; the State charged felony DUI due to more than three prior DUI convictions.
- Before trial the State sought to designate Brooks as a persistent felony offender (PFO) based on a 2004 assault with a weapon conviction.
- Brooks was convicted of felony DUI and sentenced to five years in prison (all suspended) and a 13-month DOC placement; the court also imposed a 10-year PFO sentence with five years suspended.
- Brooks appealed; this Court dismissed the appeal as frivolous; the District Court later amended the sentence to remove WATCh reference and state a 13-month DOC term with probation after treatment.
- Brooks filed a habeas petition; this Court remanded to clarify the sentence to comply with law, not resentencing.
- On remand, the District Court sentenced Brooks only under the PFO statute §46-18-502; Brooks challenges the PFO sentence and the predicate assault conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the sentence violate double jeopardy under the Montana Constitution? | Brooks argues double jeopardy due to enhanced punishment for recidivism. | State asserts PFO sentencing is not double jeopardy because it supersedes the underlying sentence and targets repeat offenders. | No double jeopardy violation; PFO sentence supplants, not compounds, the underlying sentence. |
| Was Brooks entitled to a hearing to challenge the predicate assault conviction for PFO? | Brooks contends a hearing was required to dispute the assault conviction used as the PFO predicate. | State argues no hearing was required at this stage and issue was raised late. | No hearing required; late challenge on appeal is untimely. |
Key Cases Cited
- Guillaume, 293 Mont. 224, 975 P.2d 312 (1999 MT 29) (double jeopardy when weapon enhancement applies to underlying offense)
- Shults, 332 Mont. 130, 136 P.3d 507 (2006 MT 100) (PFO statutes do not constitute double jeopardy)
- Gunderson, 357 Mont. 142, 237 P.3d 74 (2010 MT 166) (PFO sentence supplants underlying sentence)
- Damon, 328 Mont. 276, 119 P.3d 1194 (2005 MT 218) (felony DUI can trigger PFO designation)
- Wardell, 329 Mont. 9, 122 P.3d 443 (2005 MT 252) (habitual offender sentencing not double jeopardy)
- Gallagher, 330 Mont. 65, 125 P.3d 1141 (2005 MT 336) (late objection to PFO hearing is timely)
- Dodson, 354 Mont. 28, 221 P.3d 687 (2009 MT 419) (standard of review for double jeopardy questions)