State v. Trimmer

694 P.2d 490, 214 Mont. 427, 1985 Mont. LEXIS 685
CourtMontana Supreme Court
DecidedJanuary 4, 1985
Docket83-354
StatusPublished
Cited by10 cases

This text of 694 P.2d 490 (State v. Trimmer) 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
State v. Trimmer, 694 P.2d 490, 214 Mont. 427, 1985 Mont. LEXIS 685 (Mo. 1985).

Opinions

MR. JUSTICE SHEA

delivered the Opinion of the Court.

Defendant Douglas Trimmer appeals from a sentence imposed by the Cascade County District Court for a conviction of misdemeanor assault. The trial court sentenced defendant to the maximum of 6 months in jail and $500 fine based on the penalty provided for misdemeanor assault (sec. 45-5-201, MCA). The court then invoked the sentence enhancement statute, sec. 46-18-221, MCA, held that its application was mandatory because defendant committed the negligent assault with a weapon, and sentenced defendant to the minimum permitted, two years in prison. Based on the provisions of the enhancement statute, the 2-year sentence in prison was ordered served consecutively to the 6-month jail sentence. Although defendant raises several issues, one of them is dispositive. We hold the sentence enhancement statute applies only to felonies and the trial court erred in applying it to defendant’s conviction for misdemeanor assault. We vacate the sentence and remand for resentencing.

The State charged defendant with felony assault under [429]*429sec. 45-5-201, MCA, a charge that he purposely or knowingly wounded several people with a rifle. The jury, however, was instructed on both felony aggravated assault and the lesser included misdemeanor offense of assault — a charge that defendant negligently assaulted several people with a weapon. See sec. 45-5-201, MCA. The jury expressly acquitted defendant of felony assault but did convict defendant of misdemeanor assault. The maximum permissible penalty for misdemeanor assault is 6 months in jail and a $500 fine (sec. 45-5-201(2), MCA).

At the sentencing hearing the court imposed the maximum 6-month jail term and $500 fine on defendant, but went a step further and told defendant that the court must also apply sec. 46-18-221, MCA, the sentence enhancement statute. This enhancement statute, in certain circumstances where a crime has been committed with a weapon, mandates an additional minimum of 2-year sentence and a maximum of 10-year prison sentence. Defendant protested that the sentence enhancement statute did not apply to misdemeanor convictions, and raised other objections, but each objection was overruled. The trial court then sentenced defendant to a minimum 2-year prison sentence at the state prison. Because the enhancement statute requires the sentences to be served consecutively to the sentence imposed for the underlying crime, the trial court ordered that the 2-year prison sentence be served consecutively to the 6-month jail sentence. Defendant is out on bond pending this appeal.

Defendant asserts both statutory and constitutional grounds in arguing the additional sentence imposed was improper. Defendant first contends that the sentence enhancement statute applies only to felonies and therefore could not be applied to his conviction of misdemeanor assault. Assuming the statute does apply, however, defendant attacks the sentence on several constitutional grounds. He argues that as applied to his misdemeanor conviction, the sentence constitutes cruel and unusual punishment in viola[430]*430tion of both the United States and Montana Constitutions. Defendant also contends the sentence violates Art. II sec. 22 of the Montana Constitution because it constitutes excessive punishment. Defendant further argues that the statute, as applied to misdemeanors, is overbroad and vague, and denies him due process of law and equal protection of the law because it contains no provision for notifying a defendant the statute will be applied to misdemeanors. Finally, defendant argues the sentence was imposed in violation of the correctional policy of Article II, sec. 22, 1972 Montana Constitution, and of sec. 46-18-101, MCA, which attempts to set forth a statutory policy consistent with the Constitution.

In vacating the sentence we decide only the issue of whether the sentence enhancement statute (sec. 46-18-221) applies to misdemeanors. Defendant argues that the statute on its face can be construed to apply to misdemeanors because of the language “any offense”, but that the legislature did not intend it to be so applied. The State, on the other hand, argues that the language “any offense”, clearly indicates that the statute applies to misdemeanors, and further, that if this Court gets to the issue of construing the statute by referring to the legislative proceedings, those proceedings establish an intent that misdemeanors also are covered by the enhancement statute. Although we agree with the defendant that the legislative proceedings establish an intent by the legislature to apply the enhancement statute only to felonies, we conclude that the statute, on its face, applies only to felonies. All that is required to reach this conclusion is to read the statute in its entirety.

Although the facts leading to the jury verdict do not bear on our decision on these questions of law, a short recitation of the facts helps to place the jury verdict in focus.

On July 11,1982, defendant and a friend went to an “after hours” kegger party at a house in Great Falls. Shortly after their arrival, a fight broke out between Robert Lingafelter and some of the partygoers. Defendant was not involved in [431]*431this scuffle. Defendant came out of the house and he saw Lingafelter lying on the lawn across the street. Defendant went to Lingafelter, helped him up, and told him to go home. Lingafelter did go home, but only to return shortly with a high-powered rifle.

Defendant was inside the house when he heard a shot Lingafelter had fired into the air. Mass confusion followed and defendant went outside and saw Lingafelter with the rifle. Another partygoer, Daniel Johns, convinced Lingafelter to put the rifle down, and when he did so defendant grabbed it and began unloading it. Defendant got one live shell out and then the rifle jammed. Defendant dischambered a second live shell, despite attempts by Johns to grab the rifle. The defendant ran down a nearby alley with the rifle and began toying with it by raising it to his shoulder and watching through the scope the events at the house, some 20-30 yards away. Defendant testified that although he did not remember pulling the trigger, the rifle suddenly fired. Three people standing in the yard were seriously wounded. Fortunately, no one was killed.

Essentially based on these events, defendant was charged with felony aggravated assault and the jury acquitted him of this charge, although the jury convicted defendant of negligently committing an assault upon the three wounded persons “with a weapon”.

Defendant seems to argue that on its face the sentence enhancement statute does not apply to misdemeanors because of the language — “any offense”. But defendant contends that the legislative history of the statute shows it was not intended to apply to misdemeanors, and that to do so would reach the absurd result of effectively converting a misdemeanor conviction into a felony conviction by imposing a sentence that falls within the parameters of a felony sentence. The State contends, on the other hand, that the character of an offense as a felony or as a misdemeanor is fixed only at the time of sentencing when the judge imposes the sentence and, therefore, that the legislature must have [432]*432intended the enhancement statute to cover misdemeanors as well as felonies. For this outrageous assertion, the State inappropriately relies on State v. Maldonado (1978), 176 Mont. 322, 578 P.2d 296

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State v. Trimmer
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Cite This Page — Counsel Stack

Bluebook (online)
694 P.2d 490, 214 Mont. 427, 1985 Mont. LEXIS 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-trimmer-mont-1985.