State v. Martin

The Supreme Court affirmed the judgment of the district court designating Defendant a repeat persistent felony offender (PFO) and sentencing him as a repeat PFO under Mont. Code Ann. 46-18-502(2), holding that there was no error in the proceedings below.Defendant pled guilty to robbery by accountability and assault with a weapon. The district court concluded that, based on Defendant’s prior felony convictions and PFO designation, it had no choice but to sentence him under section 46-18-502(2) to a minimum of ten years incarceration on both the robbery by accountability and assault charges and that the sentence must run consecutively to a three-year suspended sentence for Defendant’s probation violation in a separate case. The Supreme Court affirmed, holding that the district court did not err when it sentenced Defendant as a repeat PFO under section 46-18-502(2). View "State v. Martin" on Justia Law