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State v. Clark2/15/2000
risonment and fined him $100 for his conviction relating to an accident involving damage to a vehicle. However, § 61-7-118, MCA (1993), allows for the imposition of imprisonment or a fine upon a first conviction, but not both. Thus, we conclude that the District Court erred as a matter of law when it incorrectly sentenced Clark with regard to his convictions for operating a vehicle without valid liability insurance and an accident involving damage to a vehicle.
Accordingly, we affirm in part and reverse in part the decisions of the District Court. We affirm the District Court's denial of Clark's motion in limine concerning witness identification testimony, the District Court's denial of Clark's motions to dismiss the charges of driving while license suspended or revoked, and the District Court's denial of Clark's motions to substitute prosecuting attorney. We reverse the District Court's sentencing on two of the counts: operating a vehicle without valid liability insurance and an accident involving damage to a vehicle. We remand this matter to the District Court for resentencing of those two counts consistent with the applicable statutes and this opinion.
We Concur:
J. A. TURNAGE
WILLIAM E. HUNT, SR.
JAMES C. NELSON
TERRY N. TRIEWEILER
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