State v. Yorek

Summary

The Supreme Court of Montana affirmed the dismissal of Terry Gene Yorek's petition for postconviction relief. The court held that a district court has statutory authority and subject matter jurisdiction to designate a defendant convicted of felony DUI as a persistent felony offender under Montana law, provided the statutory requirements and notice provisions are satisfied.

Holdings

1. A district court possesses subject matter jurisdiction and statutory authority to designate and sentence a defendant as a persistent felony offender when the underlying DUI conviction qualifies as a felony and the State satisfies the statutory notice requirements.
2. The court did not decide whether the guilty plea procedurally barred the claim because the jurisdictional issue was dispositive and the court concluded that the district court had subject matter jurisdiction.

Questions Presented

1. Whether a Montana district court possesses subject matter jurisdiction and statutory authority to designate and sentence a defendant as a persistent felony offender when the defendant is being sentenced for felony DUI.
2. Whether Yorek's guilty plea procedurally barred his postconviction challenge to the persistent felony offender designation.

Disposition

affirmed