State v. Gardner
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Ned Gardner was charged with felony criminal endangerment and felony partner or family member assault in November 2020. The State of Montana did not file a notice to seek persistent felony offender (PFO) status at the omnibus hearing in January 2021. Instead, the State filed the notice under seal in September 2021, two weeks before the trial. Gardner objected to the untimely notice, arguing it did not give him ample time to prepare and that the State did not show good cause for the delay.
The Fourth Judicial District Court denied Gardner's objection, reasoning that the late notice did not prejudice him and that he had ample time to object to the PFO designation. Gardner was found guilty of the partner or family member assault charge by a jury in October 2021. In February 2022, the District Court designated Gardner as a PFO and sentenced him to twenty years in prison with a ten-year parole restriction.
The Supreme Court of the State of Montana reviewed the case. The court held that the State failed to provide timely notice as required by § 46-13-108(1), MCA, and did not demonstrate good cause for the delay. The court emphasized that timely notice is crucial for a defendant to understand the potential penalties and prepare a defense. The court found that Gardner was prejudiced by the untimely notice, as it affected his ability to make informed decisions about his defense.
The Supreme Court reversed the District Court's order designating Gardner as a PFO and remanded the case for resentencing without the PFO designation.
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