State v. Walsh
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The Supreme Court reversed Defendant's sentence for driving under the influence (DUI), holding that the district court erred by sentencing Defendant to the Montana State Prison (MSP) and by requiring him to pay a $100 statutory surcharge.
Defendant was charged with felony DUI for a sixth offense. After a trial, the jury found Defendant guilty of DUI. The district court sentenced Defendant to serve a five-year term at the MSP and ordered him to pay a $100 surcharge pursuant to Mont. Code Ann. 46-18-236(1). The Supreme Court reversed in part, holding (1) the district court did not err by determining that permitting a certain witness to appear by video was supported by appropriate public policy considerations; and (2) as conceded by the statute, Defendant should have been sentenced to the Department of Corrections up to a maximum of five years and not to MSP, and the district court should have assessed Defendant a surcharge of $50.
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