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State v. Wells7/2/2001
APPEAL FROM: District Court of the Twelfth Judicial District, In and for the County of Hill, The Honorable John Warner, Judge presiding.
Submitted on Briefs: April 5, 2001
The Defendant, Roger Lee Wells, was charged by Information filed in the District Court for the Twelfth Judicial District in Hill County with driving under the influence , negligent vehicular assault, operation of a motor vehicle without liability insurance in effect and driving while his license was revoked. Wells entered a plea agreement pursuant to which he pled guilty to negligent vehicular assault and driving while his license was revoked in violation of §§ 45-5-205, MCA (1999), and 61-5-212, MCA. The District Court sentenced Wells to a five year term in custody of the Montana Department of Corrections, with no time suspended. Wells appeals his sentence. We affirm the judgment of the District Court.
Wells raises two issues on appeal:
(1) Did the District Court adequately explain Well's sentence?
(2) Did the District Court err when it sentenced Wells?
FACTUAL BACKGROUND
On March 6, 2000, Roger Lee Wells was driving a vehicle southbound on Highway 87, south of Havre when he veered into the lane of oncoming traffic. Sylvia Denny, driving northbound, was forced off the road by Wells and ended up in a ditch east of the highway. Unfortunately, the car behind Denny, driven by Patrick Whitten, was unable to get out of Well's path and was struck by Wells' vehicle. Whitten sustained serious injuries.
The Hill County Attorney's office filed an information against Wells and charged Wells with driving under the influence of alcohol or drugs, in violation of §61-8-401, MCA (1999), negligent vehicular assault in violation of §45-5-205, MCA (1999), operation of a motor vehicle without liability insurance in effect, in violation of §61-6-301, MCA, and driving while license is suspended or revoked, in violation of §61-5-212, MCA. Wells entered a plea agreement in which he plead guilty to negligent vehicular assault and driving while license is revoked. According to the plea agreement, the prosecution agreed to make a non-binding recommendation that Wells receive a five year commitment in the Department of Corrections with all but eighteen months suspended. Wells agreed to abide by all conditions recommended in the presentence investigation and imposed by the DOC as well as pay restitution to the victims.
At the sentencing hearing, Wells' probation officer Tim Nielson testified that he disagreed with the prosecution's recommendation for sentencing. He believed that 18 months of prison time was insufficient for Wells to overcome his alcohol and drug abuse problems. Furthermore, he stated that restitution would not be possible given the defendant's work and drug abuse history.
On July 14, 2000, after consideration of the testimony and the evidence before the court, the District Court imposed a five year commitment to the custody of the Department of Corrections without any time suspended.
DISCUSSION
ISSUE ONE
Did the District Court adequately explain Well's sentence?
This Court reviews a criminal sentence for legality only and will not disturb a district court's sentencing decision absent a showing that the district court abused its discretion. State v. Clark, 2000 MT 40 , 298 Mont. 300 , 997 P.2d 107 .
In State v. Stumpf (1980), 187 Mont. 225, 226, 609 P.2d 298, 299, we concluded that a trial court has the discretion to impose the maximum sentence provided by statute. However, " hat a trial court has a right to exercise its discretion does
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