STATE OF MONTANA, Plaintiff and Appellee, v. RONALD ALLAN CLARK, Defendant and Appellant.
No. DA 06-0730
Supreme Court of Montana
Decided September 12, 2008
2008 MT 317 | 346 Mont. 80 | 193 P.3d 934
Submitted on Briefs July 25, 2007
For Appellee: Hon. Mike McGrath, Montana Attorney General, Jonathan M. Krauss, Assistant Attorney General, Helena; Paul Luwe, Bozeman City Attorney, Susan Wordal, Assistant City
JUSTICE NELSON delivered the Opinion of the Court.
¶1 Ronald Allan Clark appeals from the order of the District Court for the Eighteenth Judicial District, Gallatin County, dismissing his appeal from the Bozeman Municipal Court. We affirm.
BACKGROUND
¶2 On July 7, 2005, Clark was cited by a City of Bozeman police officer with operating a motor vehicle without proof of insurance, second offense, a misdemeanor, in violation of
¶3 After finding Clark guilty, the court solicited a sentencing recommendation from the prosecutor. Thereupon, the court stated that “the sentence of the court” was 6 months in the Gallatin County Detention Center, all suspended, a $450 fine, and $120 in costs. In addition, the court listed a number of conditions on “the sentence imposed this afternoon.” Finally, the court required Clark to surrender to the Department of Motor Vehicles, for a period of 90 days, the license plates and registration of the vehicle he had been driving. The court‘s written sentencing order, dated June 12, 2006, is identical to the court‘s oral sentence.
¶4 Also on June 12, 2006, the Municipal Court issued a bench warrant due to Clark‘s failure to appear. The bench warrant was served in Missoula on or about July 11, 2006, and Clark appeared before the Municipal Court on July 14, 2006. At this time, the court informed Clark of “the sеntence that was imposed” on June 12 (emphasis added). However, in explaining the 90-day suspension of the license plates and registration, the court stated that the vehicle Clark had been driving “cannot be operated for 90 days once this sentence is imposed, which is now, today, even though this occurred on June 12th.... You didn‘t know about it, so it‘s imposed today” (emphasis added). Furthermore, the court informed Clark that “any period of appeal that might exist begins to run from today.” In this regard, we note that the Uniform Municipal Court Rules of Appeаl to District Court (“U.M.C.R.App.“; see
¶5 Clark, proceeding pro se, filed a combined Notice of Appeal and Request for Public Defender on July 28, 2006—46 days after the Municipal Court found him guilty and first announced his sentence, and 10 business days after he appeared on the bench warrant and was informed of the sentеnce. The Municipal Court transferred the file to District Court on August 15, 2006. That same day, the District Court gave notice that it had received the file and that, pursuant to
¶6 Clark, now represented by counsel, appeals from the District Court‘s order.
ISSUE
¶7 The sole issue raised by Clark is whether the District Court erred in its determination that Clark‘s appeal from the Municipаl Court was untimely.
STANDARD OF REVIEW
¶8 To determine whether Clark‘s appeal was untimely, it is necessary to determine when Clark‘s sentence was imposed by the Municipal Court. This latter determination involves the application of controlling legal principles to undisputed factual circumstances. As such, it is a mixed question of law and fact, which we review de novo. See State v. Warclub, 2005 MT 149, ¶¶ 21, 23, 327 Mont. 352, ¶¶ 21, 23, 114 P.3d 254, ¶¶ 21, 23. Similarly, the interpretation and construction of a rule of procedure is a matter of law, which we review de novo, determining whether the court‘s intеrpretation and construction of the rule is correct. Miller v. District Court, 2007 MT 149, ¶ 22, 337 Mont. 488, ¶ 22, 162 P.3d 121, ¶ 22.
DISCUSSION
¶9 Did the District Court err in its determination that Clark‘s appeal from the Municipal Court was untimely?
¶10 An appeal from a municipal court in a criminal case may be taken only from a final judgment of conviction and orders after judgment.
¶11 The parties do not dispute these rules, nor do they dispute that Clark‘s notice of appeal was filed within 10 business days after July 14, 2006. Rather, they disagree as to what date the period for filing Clark‘s notice of appeal began to run. More specifically, they disagree as to when the Municipal Court‘s final judgment was entered.
¶12 Clark contends that his sentence was orally pronounced on July 14, 2006, when he appeared on the bench warrant. He points out that the Municipal Court explicitly stated that it was imposing sentence that day. He acknowledges that the court, at one point, referred to the sentence previously announced on June 12 as “the sentence that was imposed,” but he maintains that what the court meant was that it had “determined” the terms of his sentence on June 12 and that it was “imposing” that sentence as of July 14. Moreover, he points out that the Municipal Court specifically told him that “any period of appeal that might exist begins to run from today“—i.e., from July 14, 2006. Thus, Clark maintains that his sentence was not entered until July 14 and, thus, that his time for filing his notice of appeal began to run on that date.
¶13 In response, the State insists that oral pronouncement of sentence occurred on June 12, 2006. The State points out that the Municipal Court did not issue an order following Clark‘s сonviction “setting a sentencing hearing or otherwise reserving sentence for the personal appearance of Clark.” The State also points out that “[i]n all misdemeanor cases, the verdict may be returned and the sentence imposed without the defendant being present” (emphasis added; quoting
¶14 A critical issue is readily apparent from the parties’ arguments and the facts of this case. Clark contends that his sentence was not imposed until he appeared in court on July 14, 2006, whereas the State сontends that his sentence was imposed in his absence on June 12, 2006. Thus, in determining the legally effective date of Clark‘s sentence, the question arises as to whether a defendant can lawfully be sentenced in absentia on a misdemeanor offense. In this regard, we note that this Court held in Lane that “the sentence orally pronounced from the bench in the presence of the defendant is the legally effective sentence and valid, final judgment.” Lane, ¶ 40 (emphasis added). This holding rested on a number of considerations. We nоted that a criminal defendant has a constitutional right to be present in the courtroom when his sentence is pronounced. See Lane, ¶ 31. Furthermore, we observed that a number of Montana statutes—namely,
¶15 Given this assumption, we agree with the State that the Municipal Court pronounced a legally effective sentence immediately following Clark‘s conviction on June 12, 2006. The court did not set a sentencing hearing or otherwise suggest that it would impose sentence once Clark appeared on the bench warrant. Rather, the audio recording of the June 12 proceeding establishes that the court solicited a sentencing recommendation from the prosecutor and, immediately thereafter, announced the specifics of Clark‘s sentence. Among other things, the court ordered that Clark comply with “the conditions of the sentence imposed this afternoon” (emphasis added). That same day,
¶16 Indeed, even at the outset of the July 14 hearing, the court informed Clark of “the sentence that was imposed” on June 12 (emphasis added). It was not until the court explained the 90-day suspension of the license plates and registration that the court stated it was imрosing Clark‘s sentence “now, today, even though this occurred on June 12th.” The court reasoned that Clark “didn‘t know about it, so it‘s imposed today“; however, this attempt to vacate and reimpose the sentence pronounced on June 12 was legally ineffective. As the State points out, once a valid sentence has been pronounced, the court imposing that sentence has no authority to modify or change it, except as provided by statute. See State v. Megard, 2006 MT 84, ¶ 17, 332 Mont. 27, ¶ 17, 134 P.3d 90, ¶ 17 (citing State v. Fertterer, 260 Mont. 397, 400, 860 P.2d 151, 154 (1993)).
¶17 Given these facts, we hold that Clark‘s sentence was pronounced and entered on June 12, 2006. Accordingly, pursuant to
¶18 Affirmed.
CHIEF JUSTICE GRAY, JUSTICES WARNER, COTTER, LEAPHART, RICE and NELSON concur.
JUSTICE NELSON, specially concurring.
¶19 I believe that the Court‘s Opinion correctly and fully resolves the specific issue presented by Clаrk—namely, whether the District Court erred in its determination that his appeal from the Municipal Court was untimely. However, the obvious question left unanswered by our Opinion—because Clark failed to raise it—is whether it was appropriate for the District Court to dismiss Clark‘s untimely appeal sua sponte. In view of recent decisions of this Court and the United States Supreme Court, I write separately to explain why, in my view, the ground provided by the District Court for dismissing Clark‘s appeal was incorrect.
¶20 The District Court dismissed Clark‘s appеal in light of the time
¶21 In more recent cases, however, we have acknowledged that “‘[j]urisdiction is a word of many, too many, meanings‘” and that we, along with other courts, sometimes have been “profligate” in our use of the term. DeShields v. State, 2006 MT 58, ¶ 10, 331 Mont. 329, ¶ 10, 132 P.3d 540, ¶ 10 (citations and internal quotation marks omitted); see also Davis v. State, 2008 MT 226, ¶ 23, 344 Mont. 300, ¶ 23, 187 P.3d 654, ¶ 23 (noting cases in which we have been “less than meticulous” in this regard); Ballas v. Missoula City Bd. of Adjustment, 2007 MT 299, ¶ 15, 340 Mont. 56, ¶ 15, 172 P.3d 1232, ¶ 15 (noting that the broad nature of the term has led to “confusion” as to its meaning). Accordingly, in an effort to promote clarity in the actual meaning of “jurisdiction,” we have been more thoughtful and cautious in our use of this term and have disapproved or overruled prior misusages. See e.g. Davis, ¶¶ 12-23; State v. Garrymore, 2006 MT 245, ¶ 10 n. 1, 334 Mont. 1, ¶ 10 n. 1, 145 P.3d 946, ¶ 10 n. 1; Miller v. District Court, 2007 MT 149, ¶¶ 42-44, 337 Mont. 488, ¶¶ 42-44, 162 P.3d 121, ¶¶ 42-44. Correspondingly, it is necessary that we reconsider whether the filing deadline on a notice of appeal is truly
¶22 In Kontrick v. Ryan, 540 U.S. 443 (2004), the Supreme Court observed that classifying time prescriptions, even rigid ones, as “jurisdictional” can be “confounding.” Kontrick, 540 U.S. at 455. The Court suggested that “[c]larity would be facilitated if courts and litigants used the label ‘jurisdictional’ not for claim-processing rules, but only for prescriptions delineating the classes of cases (subject-matter jurisdiction) and the persons (personal jurisdiction) falling within a court‘s adjudicatory authority.” Id.; accord Eberhart v. United States, 546 U.S. 12, 16 (2005) (per curiam). Similarly, we emphasized in Miller that “[i]t is important not to confuse categorical time prescriptions with jurisdictional provisions.” Miller, ¶ 43. Jurisdiction involves the fundamental power and authority of a court to hear and decide an issue; as such, it cannot be forfeited, waived, or conferred by the consent of the parties. Miller, ¶¶ 43-44 (citing Stanley v. Lemire, 2006 MT 304, ¶ 30, 334 Mont. 489, ¶ 30, 148 P.3d 643, ¶ 30, In re Marriage of Miller, 259 Mont. 424, 427, 856 P.2d 1378, 1380 (1993), and Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006)). By contrast, categorical time prescriptions are inflexible or rigid—but nonjurisdictional—claim-processing rules, which are unalterable if timely asserted by a party but can be forfeited if the party waits too long to raise the point. Miller, ¶ 44 (citing Kontrick, 540 U.S. at 454-55, 456, and Eberhart, 546 U.S. at 19).
¶23 Of particular relevance to the case at hand, the Supreme Court stated in Kontrick that time limitations contained in rules of court are not jurisdictional. See Kontrick, 540 U.S. at 453-54; see also Eberhart, 546 U.S. at 15-19; United States v. Sadler, 480 F.3d 932, 936-37 (9th Cir. 2007). Indeed, “it is axiomatic,” the Court observed, that court-prescribed rules of practice and procedure “do not create or withdraw federal jurisdiction.” Kontrick, 540 U.S. at 453 (alteration and internal quotation marks omitted). Along these same lines, we stated in Miller that а rule adopted pursuant to this Court‘s constitutional rulemaking authority is not jurisdictional. At issue in that case was a rule applicable to proceedings in the district courts. We noted that the subject-matter jurisdiction of the district courts is established by
¶24 Given these clarifications in this Court‘s and the Supreme Court‘s recent jurisprudence concerning the meaning of jurisdiction, the District Court‘s reasoning that it did not have “jurisdiction” over Clark‘s appeal because his notice of appeal was untimely under
¶25 The State points out that the Montana Code contains a statutory time prescription for appeals from courts of limited jurisdiction. Specifically,
¶26 Here,
¶27 But even if
¶29 In Day v. McDonough, 547 U.S. 198 (2006), the Supreme Court held that federal district courts are permitted, but not obliged, to consider, sua sponte, the timeliness of a state prisoner‘s habeas petition. See Day, 547 U.S. at 202, 209; accord Davis, ¶ 24. However, the Court emphasized that “before acting on its own initiative, a court must accord the parties fair notice and an opрortunity to present their positions” and must “determine whether the interests of justice would be better served by addressing the merits or by dismissing the petition as time barred.” Day, 547 U.S. at 210 (internal quotation marks omitted); accord
¶30 Such considerations are equally applicable here. Indeed, as noted above,
¶31 Again, these omissions by the District Court are not surprising, given the court‘s “jurisdiction” rationale for dismissing Clark‘s appeal. Be that as it may, I find Justice Souter‘s comments in Bowles v. Russell, 127 S. Ct. 2360 (2007), to be apt here:
The District Court told petitioner Keith Bowles that his notice of appeal was due on February 27, 2004. He filed a notice of appeal on February 26, only to be told that he was too late because his deadline had actually been February 24. It is intolerable for the judicial system to treat people this way, and there is not even a technical justification for condoning this bait and switch.
Bowles, 127 S. Ct. at 2367 (Souter, Stevens, Ginsburg, & Breyer, JJ., dissenting). Likewise, in the case at hand, the Municipal Court told Clark thаt his notice of appeal was due on July 28, 2006. He filed his notice of appeal on that date, only to be told by the District Court that he was too late. His appeal was then dismissed by the District Court—sua sponte and based on a claim-processing rule—without fair notice and without an opportunity to make a showing of good cause to excuse his belated filing. I find these circumstances to be of serious concern.
¶32 That said, Clark has not challenged the propriety of the District Court‘s decision to dismiss his untimеly appeal sua sponte. For this reason, I concur in our decision to affirm the District Court. However, I do not believe that our Opinion should be read as condoning sua sponte, without-notice dismissals of untimely appeals.
JUSTICE MORRIS joins the Special Concurrence of JUSTICE NELSON.
