State v. M. Wright
2021 MT 239
| Mont. | 2021Background
- Police executed a search warrant at Mary Wright’s home (Oct. 2018); drugs and paraphernalia were found. Wright was tried and convicted of one felony CPDD and two misdemeanor drug offenses.
- The presentence investigation (PSI) noted a remote (1995, non‑drug) Texas felony and opined Wright was ineligible for a deferred sentence.
- At sentencing the State sought a 5‑year DOC commitment; Wright asked for a 3‑year deferred sentence.
- Defense counsel told the court § 46‑18‑201(1)(b) (“may not be deferred”) was permissive, but did not invoke the Alternative Sentencing Authority (ASA), § 45‑9‑202.
- The court imposed a 4‑year DOC commitment with all four years suspended (plus fines/jail for misdemeanors). Wright appealed, claiming ineffective assistance of counsel for failing to cite the ASA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defense counsel rendered ineffective assistance at sentencing by failing to inform the court it could impose an alternative (deferred or suspended) sentence under the ASA (§ 45‑9‑202). | Wright’s ineffective‑assistance claim is not suitable for direct appeal and, if reviewed, she cannot show prejudice. | Counsel erred by relying on § 46‑18‑201(1)(b) (incorrectly arguing “may not” was permissive) and failing to cite § 45‑9‑202/Brendal authority that could allow a deferred sentence. | Reversed and remanded for resentencing: counsel’s failure to cite the ASA was deficient and prejudicial; direct review appropriate because there was no plausible justification for counsel’s omission. |
Key Cases Cited
- Brendal v. State, 351 Mont. 395, 213 P.3d 448 (Mont. 2009) (ASA can provide an alternative sentence even when another statute appears to mandate imprisonment)
- Walter v. State, 393 Mont. 390, 431 P.3d 22 (Mont. 2018) (counsel’s failure to cite ASA/Brendal can constitute ineffective assistance at sentencing)
- Larsen v. State, 392 Mont. 401, 425 P.3d 694 (Mont. 2018) (standard for reviewing ineffective assistance on direct appeal)
- Kougl v. State, 323 Mont. 6, 97 P.3d 1095 (Mont. 2004) (no plausible justification doctrine for counsel omissions)
- Van Der Hule v. Mukasey, 349 Mont. 88, 217 P.3d 1019 (Mont. 2009) (interpretation that legislative use of “may not” is mandatory)
- Hinton v. Alabama, 571 U.S. 263 (2014) (ignorance of fundamental law plus failure to research can be unreasonable performance)