State v. Thomas
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The Supreme Court affirmed the judgment of the district court sentencing Defendant under the 2015 persistent felony offender (PFO) statute in effect at the time Defendant committed his offense, holding that the district court properly sentenced Defendant as a PFO pursuant to Mont. Code Ann. 46-18-501 (2015).
The State charged Defendant with felony driving under the influence of alcohol (DUI) and other offenses alleged to have been committed in 2016. Based on a prior conviction for felony escape, the State filed a notice seeking designation of Defendant as a PFO under Mont. Code Ann. 46-18-501 (2015). During the 2017 sentencing hearing, Defendant's counsel acknowledged there had been a legislative revision to the PFO statute but did not argue the change applied to Defendant. The district court proceeded to sentence Defendant as a PFO under section 46-18-501 (2015). The Supreme Court affirmed, holding that because Defendant committed felony DUI before the amendments at issue were made applicable to offenses, the ameliorative effects of the revision of the PFO definition did not apply to Defendant.
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