[DOWNLOAD] "Stevens v. Glacier General Assurance Co." by Supreme Court of Montana * Book PDF Kindle ePub Free
eBook details
- Title: Stevens v. Glacier General Assurance Co.
- Author : Supreme Court of Montana
- Release Date : January 10, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Defendant Douglas Trimmer appeals from a sentence imposed by the Cascade County District Court for a conviction of misdemeanor assault. The trial court sentenced defendant to the maximum of 6 months in jail and $500 fine based on the penalty provided for misdemeanor assault (sec. 45-5-201, MCA). The court then invoked the sentence enhancement statute, sec. 46-18-221, MCA, held that its application was mandatory because defendant committed the negligent assault with a weapon, and sentenced defendant to the minimum permitted, two years in prison. Based on the provisions of the enhancement statute, the 2-year sentence in prison was ordered served consecutively to the 6-month jail sentence. Although defendant raises several issues, one of them is dispositive. We hold the sentence enhancement statute applies only to felonies and the trial court erred in applying it to defendants conviction for misdemeanor assault. We vacate the sentence and remand for resentencing.
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