State v. Burns
2011 MT 167
| Mont. | 2011Background
- Burns was charged with felony DUI and, alternatively, DUI per se, with later designation as a persistent felony offender (PFO).
- On December 13, 2008, police responded to a welfare check on Burns, who was slumped over in a running car on a cold night; a vodka bottle was present.
- Burns had a BAC of 0.230 and admitted to driving; he was arrested and taken to the detention facility for blood/breath testing.
- On March 22, 2010, Burns pled guilty to DUI per se under a plea agreement that dismissed the felony DUI, with right to appeal preserved; on June 22, 2010, he was designated a PFO and sentenced to 15 years with 5 suspended.
- Burns appealed challenging speedy-trial dismissal, suppression of evidence, validity of prior conviction for enhancement, and the PFO sentence; the Montana Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial denial | Burns asserts delay violated Ariegwe factors. | State attributes delay to Burns’ motions; delay justified. | No error; Ariegwe factors weighed against Burns; denial affirmed. |
| Suppression of evidence under community caretaker doctrine | Encounter lacked objective facts of peril; unlawful seizure. | Encounter valid under community caretaker rationale. | District Court correct; encounter properly analyzed under Lovegren community caretaker framework. |
| Validity of third DUI conviction for enhancement | 1997 conviction infirm due to notice/filing/absent trial; cannot enhance. | Record supports regularity; 1997 conviction valid for enhancement. | Presumption of regularity applied; Burns failed to prove infirmity; 1997 conviction admissible. |
| Sentencing as a persistent felony offender | Damon/Brendal imply Brendal overrules Damon; improper PFO sentence. | Damon controls; PFO sentence valid and replaces underlying felony. | Damon remains controlling; PFO sentence valid and within statutory parameters. |
Key Cases Cited
- State v. Ariegwe, 338 Mont. 442 (2007 MT 204) (four-factor speedy trial framework)
- State v. Lacey, 355 Mont. 31 (2010 MT 6) (define burden attribution for delays)
- State v. Lovegren, 51 P.3d 471 (2002 MT 153) (community caretaker doctrine framework)
- State v. Reiner, 317 Mont. 304 (2003 MT 243) (differences in welfare-check justification)
- State v. Mann, 130 P.3d 164 (2006 MT 33) (presumption of regularity for prior convictions)
- State v. Brendal, 213 P.3d 448 (2009 MT 236) (concerning Damon and PFO parameters)
- State v. Damon, 119 P.3d 1194 (2005 MT 218) (PFO designation can replace underlying sentence)
- State v. Gunderson, 237 P.3d 74 (2010 MT 166) (PFO sentences replace underlying felony sentences)
- State v. Brooks, 243 P.3d 405 (2010 MT 226) (felony DUI valid trigger for PFO designation)