State v. Lambert
248 P.3d 295
Mont.2010Background
- In Feb 1998, Lambert was arrested after a high-speed chase and seizure of guns, drugs, cash, and paraphernalia; he pled guilty to three felonies under a plea agreement.
- The District Court in Sept 1998 sentenced Lambert to 10 years for Assault, 10-year weapon enhancement, 5 years for Criminal Possession, and 10 years for Property Forfeiture, to run consecutively for a total 35 years with 15 suspended.
- The SRD in Dec 1998 reduced the sentence by ordering the Assault/Criminal Possession/Property offenses to run concurrently to each other and consecutive to the weapon enhancement, resulting in 20 years with 8 suspended.
- In 1999 Lambert sought postconviction relief challenging the weapon enhancement as illegal under Guillaume; the District Court denied relief.
- In 2006 the Montana Supreme Court granted Lambert relief via habeas petition, held Guillaume applicable retroactively on collateral review, and remanded for resentencing.
- On remand (2007), the District Court resentenced Lambert to 10 years for Assault, 5 years for Criminal Possession (all suspended), and 5 years for Property (all suspended), totaling 20 years with 10 suspended; Lambert later pursued an out-of-time appeal which this Court granted in 2010.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the District Court erred by imposing a new sentence on remand rather than striking the illegal portion | Lambert argues remand should excise the weapon enhancement | State argues remand allowed new, more lenient sentence within law | The Court upheld the remand-based resentencing as proper. |
Key Cases Cited
- State v. Heafner, 356 Mont. 128, 231 P.3d 1087 (2010 MT) (remand when part of sentence is illegal; better to correct via remand unless cannot be corrected)
- State v. Ariegwe, 338 Mont. 442, 167 P.3d 815 (2007 MT) (legal-sentence review; legality-focused)
- State v. Seals, 336 Mont. 416, 156 P.3d 15 (2007 MT) (legality review; SRD considerations)
- State v. Williams, 316 Mont. 140, 69 P.3d 222 (2003 MT) (remand/resentencing considerations)
- State v. Triplett, 346 Mont. 383, 195 P.3d 819 (2008 MT) (SRD sentence replaces prior sentence; SRD final review authority)
- Jordan v. State, 346 Mont. 193, 194 P.3d 657 (2008 MT) (SRD vs district court review; extraordinary relief pathway)
- Ranta v. State, 288 Mont. 391, 958 P.2d 670 (1998 MT) (SRD as final review on equitable grounds; legality reviewed by court)
- Moorman, 279 Mont. 330, 928 P.2d 145 (1996 MT) (SRD and appellate review context)