Summary
The Montana Supreme Court affirmed the denial of Douglas E. Herman’s petition for postconviction relief. The court held that Herman waived challenges to the State’s persistent felony offender notice procedure by pleading guilty, that his fifteen-year sentence was authorized under the persistent felony offender statutes, and that he failed to establish prejudice from alleged ineffective assistance or the lack of sentencing transcripts.
Topics
Practice areas
Questions Presented
- Whether Herman's guilty plea waived his challenge to the State's failure to file persistent-felony-offender notice at or before the omnibus hearing as required by § 46-13-108, MCA.
- Whether the sentencing court had statutory authority to impose a fifteen-year sentence under the persistent felony offender statutes despite the underlying DUI statute's lower maximum sentence.
- Whether Herman was denied counsel, effective assistance of counsel, or necessary documents during the appellate process.
Holdings
- Herman's voluntary guilty plea to the persistent felony offender designation waived his challenge to the State's procedural failure to file notice in compliance with § 46-13-108, MCA.
- The District Court had statutory authority to sentence Herman to fifteen years in prison because § 46-18-502, MCA, authorizes a persistent felony offender sentence of between five and 100 years.
- Herman failed to establish ineffective assistance of counsel because he could not show prejudice, and his lack of sentencing transcripts did not prejudice him because his sentencing-authority claim was purely legal.
Key quotations
“the following decision shall not be cited as precedent.” (¶ 1)
“a plea of guilty voluntarily and understandingly made constitutes a waiver of nonjurisdicitonal defects and defenses” (¶ 9)
“the court may sentence a persistent felony offender “for a term of not less than 5 years or more than 100 years or shall be fined an amount not to exceed $50,000, or both . . . .”” (¶ 11)
Factual background
Herman pleaded guilty to a fourth or subsequent DUI offense and signed a plea agreement acknowledging that he was being designated a persistent felony offender and that the maximum possible penalty was 100 years' imprisonment and/or a $50,000 fine. The District Court sentenced him to fifteen years in prison, with five years suspended. Herman later challenged the State's failure to provide timely persistent-felony-offender notice, the court's authority to impose the sentence, and the alleged denial of counsel and necessary documents.
Procedural history
Herman pleaded guilty to felony DUI and acknowledged a persistent felony offender designation. The District Court sentenced him to fifteen years in prison with five years suspended. His direct appeal was dismissed as untimely, after which he sought postconviction relief in the District Court. The District Court denied relief, and Herman timely appealed that denial to the Montana Supreme Court.