Summary
The Supreme Court of Montana affirmed Genevieve Baker's consecutive sentences totaling 40 years, with 20 years suspended, for two counts of vehicular homicide while under the influence of alcohol. The court held that the sentences were legal, rejected her unsupported constitutional claims, and declined to review her challenge to a 40-year driving prohibition because she had not raised it in the district court.
Topics
Practice areas
Questions Presented
- Whether the district court's 40-year sentence violated Montana's statutory sentencing and correctional policies.
- Whether the sentence violated Baker's federal and state constitutional rights, including protections against cruel or unusual punishment, unequal treatment, and deprivation of liberty without due process.
- Whether the district court violated Montana Code Annotated §§ 46-18-201(4)(o) and 46-18-202(1)(f) by prohibiting Baker from operating a motor vehicle for 40 years.
Holdings
- The sentence was legal because each sentence for vehicular homicide while under the influence was within the statutory maximum; Baker's claims that the sentence was inconsistent with Montana's broader sentencing policies presented equitable issues for the Sentence Review Division rather than legal issues for the Supreme Court.
- Baker failed to establish that the district court violated her constitutional rights in imposing the terms of incarceration.
- The driving prohibition was an objectionable, otherwise legal sentencing condition, and Baker could not challenge it for the first time on appeal because she had not objected in the district court.
Key quotations
“As a general rule, we review criminal sentences for legality only.” (¶ 9)
“We will review a sentence for legality even if the claim was not raised in the district court.” (¶ 11)
“We conclude that Baker, having failed to challenge this objectionable sentencing condition in the District Court, cannot raise the argument here.” (¶ 23)
Factual background
On April 29, 2006, Baker drove while intoxicated on U.S. Highway 2 near Columbia Falls, lost control, and collided with an oncoming motorcycle, killing William Daniel Haller, Jr. Baker's passenger, her sister, also died, and Baker's blood-alcohol level was more than twice the legal limit. Baker pleaded guilty to two counts of vehicular homicide while under the influence of alcohol. The district court imposed consecutive sentences totaling 40 years, with 20 years suspended, and barred Baker from operating a motor vehicle during the sentence.
Procedural history
The Eleventh Judicial District Court, Flathead County, imposed consecutive sentences totaling 40 years in prison, with 20 years suspended, and prohibited Baker from operating a motor vehicle during the 40-year sentence. Baker did not object to the sentence or driving restriction in the district court. The Montana Supreme Court affirmed.