Dexter v. Shields

2004 MT 159, 92 P.3d 1208, 322 Mont. 6, 2004 Mont. LEXIS 248
CourtMontana Supreme Court
DecidedJune 22, 2004
Docket02-620
StatusPublished
Cited by14 cases

This text of 2004 MT 159 (Dexter v. Shields) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dexter v. Shields, 2004 MT 159, 92 P.3d 1208, 322 Mont. 6, 2004 Mont. LEXIS 248 (Mo. 2004).

Opinions

JUSTICE COTTER

delivered the Opinion of the Court.

¶1 Kenneth Dexter (Dexter) was sentenced to one year in jail for third offense DUI. His sentence was suspended upon condition that he serve ninety days and pay a fine. He failed to do either. Approximately three years later, he was arrested on an outstanding warrant issued after his suspended sentence had expired. Presiding Justice of the Peace Jack Shields (Shields) invoked his contempt of court powers and sentenced Dexter to jail for failing to fulfill the conditions of his suspended sentence. Dexter filed an application for a Writ of Habeas Corpus in the Montana Tenth Judicial District Court, Fergus County. The District Court released Dexter pending a hearing on his application. The District Court subsequently concluded, however, that Shields had the authority to find Dexter in contempt of court and to punish Dexter accordingly. Dexter appeals. We reverse.

ISSUE

¶2 The restated issue in this case is whether the District Court erred in upholding Shields’ use of his contempt power against Dexter.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 In late 1997, Dexter was charged with, among other things, third offense DUI. He pleaded guilty to all charges and, on April 9, 1998, Shields sentenced him to one year in jail. His sentence was suspended on the condition that he serve ninety days in jail and pay a $770 fine. The Order allowed Dexter to serve his ninety days over time providing he initially serve ten consecutive days and subsequently serve at least ten days per month. Dexter served his initial ten days but failed to report to serve any of the remaining eighty days. Moreover, he paid none of the $770 fine. Dexter’s suspended sentence expired on April 9, 1999.

¶4 At the time Shields imposed Dexter’s sentence, he also sent a memorandum to the Fergus County Sheriffs Department instructing the Department to notify Shields by April 9, 1999, of the number of days Dexter served. On November 8, 1998, Shields issued a Bench Warrant for Dexter’s arrest for non-payment of fines and failure to comply with the sentence of the court. Subsequently, Shields issued [8]*8letters to Dexter in April, August, and October 1999, advising him of the balance due on his fines. In September 1999, Shields issued another Bench Warrant for non-payment and failure to comply with the sentence of the court. In September 2000, Shields sent another letter to Dexter informing Dexter that he needed to serve four more days on his second offense DUI and needed to “start doing ten days jail each month and enroll in and complete the Act Program” as originally sentenced. Finally, in April 2001, Shields issued another Bench Warrant for Dexter on the grounds that Dexter had failed to comply with his sentence.

¶5 On January 23, 2002, Dexter was arrested on the April 2001 warrant and incarcerated. He filed an Application for Writ of Habeas Corpus in the Montana Tenth Judicial District Court, Fergus County. The Application was granted and after an initial hearing, Dexter was released on his own recognizance on March 29,2002. By the time of his release, Dexter had served approximately seventy-five days of his original ninety day sentence.

¶6 The parties briefed the relevant issues on Order of the District Court and a hearing on the merits was held on July 26, 2002. In August 2002, the District Court issued its Order on Writ of Habeas Corpus concluding that Shields was “within his judicial authority to enforce compliance of his lawful Sentencing Order. If Justice Shields conducts the mandatory hearing under § 3-1-518, MCA, he may initiate further compliance or incarceration under that action.” Dexter appeals.

STANDARD OF REVIEW

¶7 The District Court concluded as a matter of law that Shields was authorized to invoke his contempt of court powers to enforce the conditions of Dexter’s expired suspended sentence. We review a district court’s conclusions of law to determine whether its interpretation of the law is correct. State v. Kennedy, 2004 MT 53, ¶ 13, 320 Mont. 161, ¶ 13, 85 P.3d 1279, ¶ 13, (citation omitted).

DISCUSSION

¶8 First, we acknowledge and agree with Shields’ assertion that because the denial of a petition for writ of habeas corpus in a criminal proceeding is not res judicata, it is not appealable. Morrison v. Mahoney, 2002 MT 21, ¶ 8, 308 Mont. 196, ¶ 8, 41 P.3d 320, ¶ 8. However, as also recognized by Shields, in the interest of judicial economy, we may treat a writ denied by a district court as an original [9]*9writ of habeas corpus before this Court. Morrison, ¶ 9. We choose to do so in this case.

¶9 Because we resolve this case on other grounds, the arguments presented to the District Court are of limited value and will not be presented in detail.

¶10 Dexter concedes that he failed to comply with the terms of his original sentence but argues that the County’s recourse for such failure was to seek revocation of his suspended sentence. He asserts, and Shields agrees, that under § 46-18-203, MCA (2001), the county attorney could have filed a revocation petition at any time during the term of his suspended sentence. Dexter maintains that upon expiration of his suspended sentence on April 9, 1999, the Justice Court and Shields lost jurisdiction over his criminal case and over him personally. Citing State v. Voegele (1990), 243 Mont. 222, 793 P.2d 832, Dexter asserts that without jurisdiction Shields cannot bring contempt of court charges against him.

¶11 It is undisputed that the Fergus County Attorney’s Office never filed a petition to revoke Dexter’s suspended sentence. Shields argues, however, that under the 2001 contempt statutes, he had an alternative to revocation, and that under these statutes he properly exercised his contempt of court powers to enforce compliance with Dexter’s original sentence. He maintains that because he was not seeking to revoke Dexter’s suspended sentence but rather to force Dexter’s compliance with that portion of Dexter’s sentence that was not suspended, he can do so at any time through his contempt powers. Shields and the District Court relied upon the following contempt statutes: Sections 3-1-501, -512, -513, -518, -520, and 3-10-402, MCA (2001).

¶12 Shields further asserts that, unlike § 46-18-203, MCA, which contains a requirement that a revocation petition be filed within a specific period of time, his authority to bring contempt proceedings under § 3-10-401, MCA, has no such statutory time limit. The District Court agreed with Shields.

¶ 13 The parties in this case relied upon the contempt statutes in effect at the time Shields charged Dexter with contempt and initiated the contempt proceeding against Dexter. It is axiomatic that when deciding a case involving the commission of a crime or sentencing for a crime, we use the criminal statutes in effect at the time of the commission. State v. Muhammad, 2002 MT 47, ¶ 24, 309 Mont. 1, ¶ 24, 43 P.3d 318, ¶ 24. We conclude that because Dexter’s contempt could have occurred only during the term of his sentence-between April 9, 1998, and April 9,1999-the contempt statutes in effect at that time are [10]*10applicable.

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Dexter v. Shields
2004 MT 159 (Montana Supreme Court, 2004)

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Bluebook (online)
2004 MT 159, 92 P.3d 1208, 322 Mont. 6, 2004 Mont. LEXIS 248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dexter-v-shields-mont-2004.