State v. Michael H. Hass
2011 MT 296
Mont.2011Background
- Hass charged in Yellowstone County with DUI (felony because of prior DUI convictions) and two misdemeanors (suspended license and open container) for August 2009 conduct.
- Hass challenged the validity of a 1994 prior DUI conviction, arguing a due process/counsel-rights violation when counsel withdrew and trial occurred in absentia.
- Justice Court allowed Hass’s appointed counsel to withdraw on January 24, 1994, then proceeded to a bench trial in absentia and convicted Hass.
- Hass testified he did not recall many events and claimed he did not receive notice of trial settings or of the withdrawal motion; counsel testified he believed there was no viable defense.
- District Court denied Hass’s motion; Hass reserved his right to appeal. The Supreme Court reversed and remanded for proceedings, vacating the felony sentence and ordering resentencing as a misdemeanor.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1994 conviction is constitutionally infirm for sentence enhancement | Hass argues denial of counsel and due process invalidates the prior conviction. | State contends Weaver controls; Hass had duty to remain apprised and any waiver was voluntary. | Conviction infirm; not to be used for enhancement. |
| Appropriate remedy when a prior conviction used for sentence enhancement is infirm | Hass seeks withdrawal of guilty plea and remand with proper relief. | State resists withdrawal; seeks sentencing under current charges. | Remand for resentencing as misdemeanor; not allowing withdrawal of the guilty plea. |
| District Court jurisdiction on remand after invalidating a prior conviction | Hass contends reduced offense (misdemeanor) still within district court jurisdiction for resentencing. | State argues jurisdiction follows the original felony designation. | District Court has jurisdiction to resentence for the current misdemeanor DUI. |
Key Cases Cited
- State v. Maine, 360 Mont. 182 (2011 MT 90) (three-step framework for collateral challenges to prior convictions)
- State v. Weaver, 342 Mont. 196 (2008 MT 86) (right to presence and waiver considerations in absentia trials)
- State v. Chaussee, 361 Mont. 433 (2011 MT 203) (affirmative evidence burden in collateral challenges)
- State v. Mann, 331 Mont. 137 (2006 MT 33) (remand for misdemeanor sentencing when prior convictions invalidate felony designation)
- State v. Burns, 361 Mont. 191 (2011 MT 167) (due process and misapplication of enhanced punishments)