State v. D'AMICO, No. 99-362.

Docket NºNo. 99-362.
Citation299 Mont. 57, 2000 MT 63, 997 P.2d 773
Case DateMarch 15, 2000
CourtUnited States State Supreme Court of Montana

997 P.2d 773
2000 MT 63
299 Mont. 57

STATE of Montana, Plaintiff and Respondent,
v.
Steven D'AMICO, a/k/a Steven Scholz, Defendant and Appellant

No. 99-362.

Supreme Court of Montana.

Submitted on Briefs November 4, 1999.

Decided March 15, 2000.


997 P.2d 774
Steven D'Amico, Pro Se, Deer Lodge, Montana, For Appellant

Honorable Joseph P. Mazurek, Attorney General; Cregg W. Coughlin, Assistant Attorney General, Helena, Montana; Thomas J. Esch, County Attorney; Ed Corrigan, Deputy County Attorney, Kalispell, Montana, For Respondent.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 Steven D'Amico, a/k/a Steven Scholz, (D'Amico) appeals from an order denying his petition for postconviction relief entered by the Eleventh Judicial District Court, Flathead County. The sole issue presented on appeal is whether the District Court erred in denying D'Amico's Petition for Postconviction Relief. We affirm.

BACKGROUND

¶ 2 n Cause No. DC-95-304(A), D'Amico pled guilty to the offense of criminal mischief, a felony, on September 12, 1996. On November 18, 1996, D'Amico was charged by Information in Cause No. DC-96-313(A) with theft, a felony, and obstructing a peace officer, a misdemeanor. On January 6, 1997, D'Amico was charged by Information in Cause No. DC-96-360(A) with two counts of felony theft. On May 29, 1997, D'Amico pled guilty to one count of felony theft in Cause No. DC-96-360(A) in exchange for dismissal of the pending charges in Cause No. DC-96-313(A) and dismissal of the second count of felony theft in Cause No.DC-96-360(A). On June 18, 1997, D'Amico was charged by Information in Cause No. DC-97-145(B) with two counts of burglary.

¶ 3 As a result of the new charges, D'Amico entered into an Acknowledgment of Rights and Pre-Trial Agreement with the State regarding Cause Nos. DC-95-304(A), DC-96-360(A), and DC-97-145(B) on September 11, 1997. As part of the agreement, D'Amico agreed to allow the State to refile and to plead guilty to the charge of felony theft that had previously been dismissed in Cause No. DC-96-360(A) in exchange for dismissal of the two counts of burglary in Cause No. DC-97-145(B) and certain sentencing recommendations by the State.

¶ 4 On that same date, the parties were present in court for the purpose of a change of plea and sentencing regarding Cause Nos. DC-95-304(A), DC-96-360(A), and DC-97-145(B), during which the District Court sentenced D'Amico in accordance with the bargained-for recommendations. Based on D'Amico's plea of guilty to the offense of criminal mischief in Cause No. DC-95-304(A), he received a 10-year suspended sentence. With regard to Cause Nos. DC-96-360(A) and DC-97-145(B), D'Amico allowed the State to refile and pled guilty to the second count of felony theft in Cause No. DC-96-360(A) in exchange for dismissal of Cause No. DC-97-145(B) involving two counts of burglary. D'Amico was sentenced to 10 years incarceration, 5 years for each count of felony theft in Cause No. DC-96-360(A) to run consecutively. On September 21,1997, the District Court entered a Judgment and Sentence memorializing the terms and conditions of D'Amico's sentences imposed during the September 11, 1997, hearing.

¶ 5 On July 15, 1998, D'Amico filed a Petition for Postconviction Relief alleging that the State had breached the terms of a plea agreement and that he had received ineffective assistance of counsel. D'Amico requested the District Court to allow him to withdraw his guilty plea to the second count of felony theft in Cause No. DC-96-360(A)...

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4 practice notes
  • Mun. Auth. of Westmoreland Cnty. v. CNX Gas Co., CIVIL ACTION NO. 2:16-CV-422
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • March 29, 2019
    ...beyond just in the sale of goods context. See, e.g., Cavalier Mfg. v. Clarke, 862 So. 2d 634, 640-41 (Ala. 2003) ; State v. D'Amico, 299 Mont. 57, 997 P.2d 773, 775 (2000) (citing Mont. Code Ann. § 28-2-1601 ). Pennsylvania is not one of them. See Shedden, 136 A.3d at 490.7 For fiscal year ......
  • State v. Whitlow, No. 00-117.
    • United States
    • Montana United States State Supreme Court of Montana
    • October 18, 2001
    ...they are clearly erroneous and we review the district court's conclusions to determine if they are 33 P.3d 879 correct. State v. D'Amico, 2000 MT 63, ¶ 7, 299 Mont. 57, ¶ 7, 997 P.2d 773, ¶ ISSUE ONE ¶ 11 Did the District Court err when it determined that Whitlow's petition was not filed wi......
  • State v. Schaff, No. 00-157.
    • United States
    • Montana United States State Supreme Court of Montana
    • July 25, 2001
    ...clearly erroneous, and the district court's conclusions of law to determine if the court correctly interpreted the law. State v. D'Amico, 2000 MT 63, ¶ 7, 299 Mont. 57, ¶ 7, 997 P.2d 773, ¶ DISCUSSION ¶ 6 Although Schaff is represented by counsel in this appeal, he filed his petition for po......
  • State v. Cady, No. 99-367.
    • United States
    • Montana United States State Supreme Court of Montana
    • December 21, 2000
    ...is whether the district court's findings of fact are clearly erroneous and whether its conclusions of law are correct. State v. D'Amico, 2000 MT 63, ¶ 7, 299 Mont. 57, ¶ 7, 997 P.2d 773, ¶ 7. The credibility of witnesses and the weight to be given their testimony are within the province of ......
4 cases
  • Mun. Auth. of Westmoreland Cnty. v. CNX Gas Co., CIVIL ACTION NO. 2:16-CV-422
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • March 29, 2019
    ...beyond just in the sale of goods context. See, e.g., Cavalier Mfg. v. Clarke, 862 So. 2d 634, 640-41 (Ala. 2003) ; State v. D'Amico, 299 Mont. 57, 997 P.2d 773, 775 (2000) (citing Mont. Code Ann. § 28-2-1601 ). Pennsylvania is not one of them. See Shedden, 136 A.3d at 490.7 For fiscal year ......
  • State v. Whitlow, No. 00-117.
    • United States
    • Montana United States State Supreme Court of Montana
    • October 18, 2001
    ...they are clearly erroneous and we review the district court's conclusions to determine if they are 33 P.3d 879 correct. State v. D'Amico, 2000 MT 63, ¶ 7, 299 Mont. 57, ¶ 7, 997 P.2d 773, ¶ ISSUE ONE ¶ 11 Did the District Court err when it determined that Whitlow's petition was not filed wi......
  • State v. Schaff, No. 00-157.
    • United States
    • Montana United States State Supreme Court of Montana
    • July 25, 2001
    ...clearly erroneous, and the district court's conclusions of law to determine if the court correctly interpreted the law. State v. D'Amico, 2000 MT 63, ¶ 7, 299 Mont. 57, ¶ 7, 997 P.2d 773, ¶ DISCUSSION ¶ 6 Although Schaff is represented by counsel in this appeal, he filed his petition for po......
  • State v. Cady, No. 99-367.
    • United States
    • Montana United States State Supreme Court of Montana
    • December 21, 2000
    ...is whether the district court's findings of fact are clearly erroneous and whether its conclusions of law are correct. State v. D'Amico, 2000 MT 63, ¶ 7, 299 Mont. 57, ¶ 7, 997 P.2d 773, ¶ 7. The credibility of witnesses and the weight to be given their testimony are within the province of ......

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