STATE v AZURE
Annotate this Case
Download PDF
No. 14373 IN THE SUPREME CCUFtT OF THE STATE C F MONTANA 1978 STATE QF MONTANA, Plaintiff and Respordent, DAVID L. AZURE, D e f d a n t and Appellant. Appeal f m : District Court of the Twelfth Judicial District, Honorable Leonard Langen, Judge presiding. Counsel of Record: For Appellant: Sias , Ranstran and Graham, Chinook, Montana For Respondent: Mike Greely, Attorney General, Helena, mntana William M. Solem, County Attorney, Chinook, Montana Sitmitt& on briefs: Filed: ' % - * October 12, 1978 Mr. Chief Justice Frank I. Haswell delivered the Opinion of the Court. Defendant appeals from the sentence imposed upon him following his conviction of mitigated deliberate homicide in the District Court of Phillips County. This appeal marks the second time this case has been before this Court. See State v. Azure (1977), 573 P.2d 179, 34 St.Rep. 1569. Mont . I While we held the District Court erred in not allowing defendant to withdraw his guilty plea to deliberate homicide we remanded the case to the District Court for trial. Defendant was charged with killing Randy Lewis on June 23, 1976, and went on trial for deliberate homicide in April, 1978. He was convicted of mitigated deliberate homicide. On April 17, 1978, defendant received a 40-year sentence providing that he would not be eligible for parole until he had served one-half of his term, less good time allowances. Defendant now appeals from the sentence imposed. The sole issue on appeal is whether the imposition of a sentence for conviction under statutes not in force at the time the offense was committed is an - ex post facto application of the law and therefore unconstitutional. authority of State v. Gone (1978), We hold that it is under Mont . -I P.2d I A law which eliminates or delays a defendant's parole eligibility after the criminal offense has been committed is ex post facto as applied to that defendant. State v. Gone, supra; State ex rel. Nelson v. Ellsworth (1963), 142 Mont. 14, 380 P.2d 886; Greenfield v. Scafati (D-Mass. 1967) 277 F.Supp. 644, aff'd per curiam (1968), 390 U.S. 713. The State agrees with defendant that the applications of these statutes is - ex post facto in his case. As in Gone, we strike the provision eliminating parole eligibility until one-half of his term is served, less good time allowances. hie£ Justice IN THE SUPREME COURT OF THE STATE OF MONTANA No. 14373 yq.-7 STATE OF MONTANA, 1'. -< Plaintiff and Respondent,c- \:-- 4 ,4 t?' 1 x i f" VS. ' . ' * -. DAVID L. AZURE, C:<.' 5 :. " Defendant and Appellant. ' : . 7, Y-T . * ' : .-? - bo c&' --. .3 J :.<, - *....... L'. I-'. "... .' ,.,:;i.;~.?2i O R D E R PER CURIAM: IT IS ORDERED that the opinion in the above named cause, decided on November 1, 1978, be amended as follows: Please add "As so modified, the sentence is affirmed." as the last paragraph of the opinion. DATED this G& day of November, 1978. (J Justices
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
