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State v. Taylor4/11/2000
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Maurice R. Colberg, Jr., Judge presiding.
Submitted on Briefs: January 27, 2000
Clerk
Justice Karla M. Gray
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.
Randall Taylor (Taylor) appeals from the Judgment and Commitment entered by the Thirteenth Judicial District Court, Yellowstone County, on his guilty pleas to the criminal offenses of felony assault on a peace officer or judicial officer, misdemeanor assault and driving under the influence of alcohol (DUI), and from certain underlying orders. We affirm.
Taylor raises the following issues on appeal:
. Did the District Court abuse its discretion by denying Taylor's motion to withdraw his guilty pleas?
. Did the District Court err in denying Taylor's motion to dismiss Count I of the Information and in granting leave to amend Count I of the Information?
. Did the District Court err in requiring Taylor to register as a violent offender and submit to DNA testing when it had not notified him of those consequences before he changed his plea or at sentencing?
. Was Taylor denied effective assistance of counsel?
BACKGROUND
On November 1, 1997, law enforcement officers stopped Taylor's vehicle--and subsequently arrested him for DUI--at a convenience store in Laurel, Montana. According to the charging documents, Taylor was hostile to the officers during the stop and spit in the face of Officer Jeff Fowler (Fowler) after being placed in a patrol car. During processing on the DUI charge, Taylor repeatedly stood after being told to remain seated and, when Fowler pointed his finger at Taylor to emphasize his directive that Taylor remain seated, Taylor bit Fowler's finger and would not release the finger until Fowler struck him.
On November 5, 1997, the State of Montana (State) filed an Information charging Taylor with felony assault in violation of § 45-5-202(2)(c), MCA (1995), relating to the bodily injury caused to Fowler by Taylor biting his finger; misdemeanor assault in violation of § 45-5-201(1)(c), MCA, relating to Taylor making physical contact of an insulting nature by spitting in Fowler's face; and DUI in violation of § 61-8-401, MCA. After counsel was appointed to represent him, Taylor pleaded not guilty to the charges and was released on bail. The District Court set trial for April 6, 1998.
On April 2, 1998, the State moved to amend Count I of the Information by changing the felony assault charge to a charge of felony assault on a peace officer or judicial officer in violation of § 45-5-210(1)(a), MCA. Prior to a ruling on the motion to amend, Taylor moved the court to dismiss the felony assault as originally charged and to deny any effort to amend as untimely and prejudicial. The District Court informally vacated the trial date and the State responded to Taylor's motion on April 6, 1998. The court subsequently denied Taylor's motion to dismiss and granted the State's motion to amend.
On April 17, 1998, the State filed the Amended Information. On the same date, Taylor filed an Acknowledgement of Waiver of Rights by Alford Plea which was dated and signed by Taylor
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