State v. Ingram
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The Supreme Court affirmed in part and reversed in part the sentence and financial assessments imposed by the district court in connection with Defendant's conviction for driving under the influence (DUI), fourth or subsequent offense, holding that the district court erred by assessing a $500 surcharge in compliance with Mont. Code Ann. 46-18-236(1)(b).
The district court imposed the statutory minimum fine of $5,000 for felony DUI and sentenced him to a thirteen-month commitment to the Department of Corrections, followed by a three-year suspended sentence subject to certain terms and conditions. Defendant appealed, challenging the denial of his sentencing objections. The Supreme Court affirmed, holding that the district court (1) did not err by assessing the $5,000 fine; (2) did not err by assessing the cost of imprisonment, probation, and alcohol treatment pursuant to Mont. Code Ann. 61-8-731(4)(b); (3) did not err by assessing a $100 fine pursuant to Mont. Code Ann. 46-18-232(1); but (4) erred by assessing the $500 surcharge without considering Defendant's ability to pay.
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