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State v. Spotted Eagle6/23/2003
Heard: April 11, 2003
Submitted: April 11, 2003
The Appellant, Eugene Spotted Eagle, was charged with operating a motor vehicle under the influence of alcohol, a felony, in the District Court for the Ninth Judicial District in Pondera County. He plead guilty to the charges and reserved the right to appeal the District Court's denial of his motion to dismiss, in which he argued that his four prior uncounselled tribal court DUI convictions could not be used to enhance his sentence. We affirm the order of the District Court which denied Spotted Eagle's motion to dismiss.
The sole issue on appeal is whether valid uncounselled tribal court DUI convictions may be used to enhance a state DUI charge to a felony in a Montana court.
FACTUAL AND PROCEDURAL BACKGROUND
At approximately 10:30 p.m. on September 8, 2001, the Pondera County Sheriff's Department responded to a report that a pickup truck was parked on Dupuyer Road, west of Conrad, Montana. The Defendant, Eugene Spotted Eagle, was found slumped against the driver's door of the vehicle. The vehicle's engine was turned off and the keys were found in the ignition. Spotted Eagle submitted to a preliminary alcohol screening test that indicated he was under the influence of alcohol. He was taken to the Conrad police station where he refused to submit to a breath test.
On September 19, 2001, he was charged with operation of a motor vehicle under the influence of alcohol in violation of § 61-8-401(1)(a), MCA, in the Ninth Judicial District Court for Pondera County. Previously, Spotted Eagle had been convicted and jailed for driving under the influence of alcohol four times in Blackfeet tribal court. Consequently, the State prosecuted the offense as a felony pursuant to § 61-8-731, MCA.
Section 61-8-731, MCA, provides that a defendant who is convicted of a fourth or subsequent DUI is guilty of a felony rather than a misdemeanor. The statute provides the sentencing options for a felony DUI. Section 61-8-734(1), MCA, provides that a conviction from a federally recognized Indian tribe may be used to enhance a DUI sentence.
Spotted Eagle filed a motion to dismiss the felony charges and alleged that the four previous tribal convictions could not be used to enhance the charges against him in a Montana court because they were obtained in violation of his Sixth Amendment right to counsel. He argued that, while he was represented by an "advocate" in the tribal court, representation by an advocate did not satisfy the right to counsel because advocates were not attorneys. Moreover, an affidavit filed with the District Court indicated that he did not waive the right to counsel. Consequently, he argued that those convictions could not be considered by the District Court. He further maintained that § 61-8-731, MCA, violated his right to due process because it is unconstitutionally vague--an argument not pursued on appeal.
In response, the State argued that the Blackfeet tribal court system provided Spotted Eagle with a pre-arraignment consultation by a "defender" (sometimes also referred to as an "advocate") and that the tribal court convictions were conducted in accordance with the Indian Civil Rights Act (ICRA). A defender is trained by the Blackfeet tribal court to advise a defendant of possible consequences, penalties, and his or her rights under the ICRA. The State maintained Spotted Eagle was afforded all of the rights available pursuant to the ICRA and Blackfeet tribal code. Therefore, Montana was required to recognize those convictions. It further argued that § 61-8-731(1), MCA, was not void for vagueness.
The District Court conclu
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