STATE v GOULET
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NO. 96-057 IN THE SUPREME COURT OF THE STATE OF MONTANA 1996 STATE OF MONTANA, Plaintiff and Respondent, ROBERT PAUL GOULET, Defendant APPEAL FROM: and Appellant. District Court of the Eighth Judicial District, In and for the County of Cascade, The Honorable Thomas M. McKittrick, Judge presiding. COUNSEL OF RECORD: For Appellant: Lawrence A. Great Falls, For LaFountain, Montana Attorney at Law, Respondent: Hon. Joseph P. Mazurek, Attorney General, Ass't Attorney General, John Paulson, Helena, Montana Brant Julie Great Cascade County S. Light, A. Macek, Deputy Cascade Falls, Montana Submitted Attorney, County Attorney, on Briefs: Decided: Filed: June August 27, 6, 1996 1996 Chief Justice J. Robert Judicial A. Paul Turnage delivered the Goulet appeals his Court, Cascade Opinion County, District of conviction of the in Court. the felony Eighth escape. We affirm. The issue statutory on appeal requirements While in subject Detention to Center, escaped. His is whether imposing escape detention climbed was him to stop and then joined in, following Goulet surrounded under and where a porch. returned him to Goulet hearing, but pled neither counsel State and the prison guilty followed Cascade recreation a detention him yard Other building under Goulet and who officers which a pile back County officer, on foot. an apartment took Detention the the him hiding officers into they of debris custody and Center. to felony escape. State defense nor both sides argued presentence prison the for The the testimony, sentences. officer defense sentencing any offered particular investigation sentence. At both The recommended recommended a a two-year sentence. The state District prison, Court stating recommendations the the to found Court at in by pursued the for ten-year they The a wall observed warned District sentence. official Goulet the of the presentence that it long history imposed that the State investigation had taken of into contact account with a sentence sentence and the Goulet's the legal 2 was in probation report. of The prior system ten years accordance officer court record, at the with the who prepared further including as a juvenile. stated his Did the imposing District Court upon first MCA, which the must court imposing the and cannot know due process or are 609 P.2d whether See in nature of endangering In reasons upheld of the alcohol reasons guess in for the reasons the at reasons violation of 187 Mont. (19801, upon extensive lb), 788 P.2d 225, and the MCA. cert. which the criminal defendant's of statements 298, in defendant's (1988), the sentence ruled reasons Petroff, (1986), sentence presentence 501, the Court required. imposed § 46-l&102(3) investigation defendant to 46-l& pronounced, unless left Stumpf insisted Petroff for This that § In State denied v. 498 U.S. district court's record, the consistent serious pattern of people. v. stated is [its] was v. a sentence offense, State record. Johnson under other presentence not were the is 299. 241 Mont. Court State record out sentence has reasons of the 298, stated points one is reasons the the forth, not. (19901, for Goulet relies when a sentence set Court sentencing was requirements Goulet that state sentence." a sentence This requires "clearly for 933, which statute 102 (3) (b), Krantz statutory sentence? The 227, follow imposed and for the driving were and that the the stated at 761. reason report. 3 prior clearly 759, the of the the considered criminal informed and that Similarly 1248, of P.2d recommendations sentence 719 P.2d offenses, 757 defendant's his P.2d 503, the 20, judgment underlying 757 221 Mont. 232 Mont. the in Court defendant's along the no more State v. upheld a history with the In the in its present written also prior of record a l&102(3) improperly the time State of Olsen his Herrera tion the as to could In he set 43, the The system as by the forth this statement Stumpf the improper information his and § 46- to brought so that court. There sentencing judge. relied upon convictions and facts 4 charge of Goulet 588, relies upon and State sheet to, the v. sentencing conviction and evidence informa- guns. the This correct contained at that the known to be true 592. inaccurate evidence discussed Court informa- 643 P.2d substantial was ample a on Herrera, "rap" disclosed at and incorrect on sentencing, was that, defective counsel, contained hearing fact before involving record may have 1061. was defendant's the 643 P.Zd constitutionally the him sentencing trial offenses to upon argument, 614 P.2d of rehearing but at 462, afforded history entries, this matter was not the imposed awaiting 197 Mont. be presented only at Goulet's legal with report was In making a seemingly u, sentence investigation improper his for the and Krantz, to comply and officer. consideration reasons by reference 189 Mont. Herrera remanded tion that orally was imposed with the sufficient (1982), including which contact both probation into Petroff, is escape, In Herrera, in like influenced (1980), court, that, homicide. v. taken of presentence deliberate had Johnson, contends his and the stated MCA. Goulet in sentence history reasons (b), and in Goulet's it We hold sentencing been that courts Court prosecutor and long juvenile. District that the stated sentencing of the sentence recommendations court case, that with, trial accounts the the judge of Olsen's criminal 614 P.2d at In of of case, escape of escape noted at shall county time of impose his of for Nothing if in the informed investigation for report a term convicted to Olsen, an rather charge the offense years if Goulet he from six-month the Court District at to jail term had been a misdemeanor. of indicates the that pending the in sentencing improperly The court and in the was still It charge. court Goulet. hearing charge the ten as 45-7 and escapes the than be informed the of against for and, Section a felony a basis important guilty up to pending sentencing that of of, charge charge at the pled convicted record pending Goulet a person pending court which was that or the charge hearing. provided the upon the correctly sentence. sentencing imprisonment apply was proper the the The felony escape would relied with, jail. a term which affirmed felony to be imprisoned charged the Court pending MCA, provides (b) (i), has been of crime the the was properly 306(3) This 1066. this aspect such, record. was presentence pending at the time sentencing. Goulet also urges prison because which he pled guilty MCA. Montana 104(3), alternatives Section the court he was a nonviolent was not 46-18-201(11), a term Further, a crime this the in sentencing him to offender and the crime to of violence sentencing when sentencing MCA. of erred felony law requires to incarceration recommended hearing. that We note imprisonment argument for was not Court. 5 court offenders. Goulet's client raised own at the before 5 4618- to consider nonviolent that his under counsel sentencing the District This Court for the 11, 663. two 1025--on the were the year or v. basis does excess § 45-7-306(3) court or not to further Affirmed. We concur: Ju trees of and it is exceed the (b), an opportunity and MCA. for address that the to Absent court issue to 340, here. sentence consider on appeal. to Nelson 338, 846 P.2d sentences Such authority. objection from 184 Mont. involved case maximum him alternatives 256 Mont. Hatfield the barred object distinguished statutory not raised failure (1979), (1993), error 274 Mont. of Lenihan Lenihan and in of (1995), Nelson's The Court Hatfield that Nelson consideration cases--State v. claim reconsideration 668. and State under decline of v. that for issue State at in Nelson, sentence move 906 P.2d illegal case to the previous 997, a similar held Nelson, 602 P.Zd not The Court on appeal prison. that in sentence raising from on appeal, first the addressed time 906 P.2d to recently Goulet's for before this was ten- his crime the trial issue, we CERTIFICATE OF SERVICE I herebycertify that the following certified order was sent by United Statesmail, prepaid,to the following named: LawrenceA. LaFountain Attorney at Law Cascade CountyCourthouse, Rm. 110 Great Falls, MT 59401 Hon. Joseph Mazurek, A.G. P. JohnPaulson, Assistant JusticeBldg. Helena,MT 59620 Brant S. Light, CountyAttorney Julie A. Macek, Chief Deputy 1214th StreetNorth Great Falls, MT 59401 ED SMITH CLERK OF THE SUPREMECOURT STATEOF MONTANA
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