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[T] State v. Mignogna3/2/2004
Submitted on Briefs: June 27, 2002
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court.
Ric Mignogna, acting pro se , appeals from an order of the District Court for the Fifth Judicial District, Beaverhead County, denying certain motions which Mignogna filed to modify his sentences for three separate convictions for felony DUI. We hold that the District Court did not have jurisdiction to consider Mignogna's request for modification of his sentences, nor does this Court have jurisdiction to consider the merits of his appeal, hence the appeal is dismissed.
The issue on appeal, as framed by the State, is: Did the District Court properly deny Mignogna's requests for credit against his prison sentences for time elapsed during probation and for credit against his fines for time spent in jail?
Factual and Procedural Background
Mignogna appeals three post-judgment orders entered in three felony DUI cases arising in Beaverhead County. In the first of the three cases (Cause No. DC 96-2627), Mignogna was charged by Information on July 25, 1996, with one count of felony DUI, together with several misdemeanor offenses, that occurred on July 20, 1996. While these charges were pending, a second Information was filed against Mignogna on August 19, 1996 (Cause No. DC 96-2631), charging him with another felony DUI that occurred on August 2, 1996. Mignogna entered into a plea agreement for both cases. He pleaded guilty to the two felony DUI charges and, on October 10, 1996, he was committed to the Montana Department of Corrections for two concurrent terms of ten years with five years suspended. Mignogna was given credit against his sentence for sixty-nine days he spent in jail. He was also ordered to pay fines in the amount of $500 for each conviction.
Mignogna did not appeal either of his convictions or his sentences. However, he did file petitions for post-conviction relief in both cases raising issues unrelated to those presented in the current appeal. The District Court denied the requested relief and Mignogna filed notices of appeal, but the appeals were subsequently dismissed at Mignogna's request.
Mignogna served the unsuspended portion of his sentences in prison and on parole. On March 15, 1999, he went from parole status to probation status and began serving the suspended portions of his sentences. On December 20, 1999, Mignogna was charged by Information with a third count of felony DUI (Cause No. DC 99-2767), along with several misdemeanor offenses, that occurred on December 9, 1999. On March 15, 2000, the Beaverhead County Attorney filed motions for revocation of Mignogna's suspended sentences in the two earlier cases. The accompanying reports of Mignogna's probation officer alleged numerous violations of the terms of Mignogna's probation. Pursuant to another plea agreement, Mignogna entered a guilty plea to the felony DUI and admitted the violations of his probation.
The District Court entered its Findings of Fact, Conclusions of Law, Judgment and Order in all three cases on March 17, 2000. In the two earlier cases, the court revoked the suspended sentences and committed Mignogna to the Department of Corrections for concurrent terms of five years. Mignogna was given credit for 19 days in jail. In the third case, the court sentenced Mignogn
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