 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Caldwell11/5/1998
OPINION AND ORDER
Background
?1. On May 24, 1997, Harvey Caldwell (Caldwell) pleaded guilty in Powell County Justice Court to driving under the influence of alcohol and was convicted of and sentenced for that offense. Caldwell reserved the right to appeal the Justice Court's denial of his motion to dismiss the charge pursuant to ? 46-12-204(3), MCA. In this motion, Caldwell argued that the charge should be dismissed for two reasons. First, Caldwell argued that the arresting officer did not have enough information prior to the arrest to form a particularized or reasonable suspicion that criminal activity was taking or had taken place. Second, Caldwell argued that the officer violated his right to gather exculpatory evidence when the officer refused to administer a blood test. The Justice Court stayed imposition of Caldwell's sentence pending his appeal to District Court. Caldwell appealed the denial of his Motion to Dismiss to the District Court for the Third Judicial District, Powell County, pursuant to ? 46-17-311(1), MCA.
?2. The District Court held an evidentiary hearing on October 30, 1997, wherein the State and Caldwell presented testimony and evidence concerning the issues raised in Caldwell's Motion to Dismiss. On November 25, 1997, the District Court issued an Opinion and Order denying Caldwell's Motion to Dismiss and affirming the Justice Court. On December 18, 1997, the Justice Court lifted the stay of imposition of sentence.
?3. Five days later, on December 23, 1997, Caldwell appealed to this Court from the District Court's Opinion and Order denying his motion to dismiss. On July 8, 1998, the State filed with this Court a motion to dismiss Caldwell's appeal. The State argues that we should dismiss Caldwell's appeal with prejudice because, under ? 46-17-311(1), MCA, the District Court reviewed his appeal as an appellate court and not pursuant to its "de novo jurisdiction." Thus, the State contends that Caldwell does not have the statutory right to appeal the Justice Court's ruling a second time to this Court. Alternatively, the State argues that even if Caldwell is entitled to appeal to this Court, we should dismiss the appeal without prejudice on the basis that it is premature since the District Court did not enter a judgment of conviction against Caldwell or sentence him after it denied his Motion to Dismiss.
?4. There are two issues before this Court. First, we are called upon to decide whether an appeal may be taken to this Court after a district court has ruled on an appeal from a Justice court's ruling on a pretrial motion pursuant to ?? 46-17-311(1) and 46-12-204(3), MCA. This is an issue of first impression. We hold that a defendant may appeal to this Court from a district court's order on an issue reserved for appeal pursuant to ?? 46-17-311(1) and 46-12-204(3), MCA. Second, we are called upon to decide whether Caldwell may appeal from the District Court's Opinion and Order even though the District Court did not enter a judgment of conviction against Caldwell or sentence him. We hold that Caldwell's appeal to this Court is not premature because Caldwell is appealing from a district court order entered after final judgment of conviction that affects his substantial rights.
Discussion
?5. Montana's district courts have both original and appellate jurisdiction. Section 3-5-301, MCA. The Montana Constitution provides that " he district court shall hear appeals from inferior courts as trials anew unless otherwise provided by law." Art. VII, Sec. 4(2) Mont.Const. Likewise, we have stated that, as a general rule, district courts must try all appeals from Justice courts as trials de novo and may not sit as courts
Page 1 2 3 4 5 Montana DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|