State v. Lorash, 88-585
| Docket Nº | No. 88-585 |
| Citation | 238 Mont. 345, 777 P.2d 884 |
| Case Date | August 07, 1989 |
| Court | United States State Supreme Court of Montana |
Page 884
v.
Robert LORASH, Defendant and Appellant.
Decided Aug. 7, 1989.
Page 885
[238 Mont. 345] Allen Beck, Billings, for defendant and appellant.
Marc Racicot, Atty. Gen., Paul Johnson, Asst. Atty. Gen., Helena, Harold Hanser, County Atty., Brent Brooks, Deputy County Atty., Billings, for plaintiff and respondent.
HARRISON, Justice.
This is an appeal from the District Court of the Thirteenth Judicial[238 Mont. 346] District, Yellowstone County, State of Montana, the Honorable G. Todd Baugh presiding. The appellant appeals the imposition of his two-year suspended prison sentence for criminal mischief. We affirm.
In June of 1987, the appellant, Robert C. Lorash, (Lorash) and his companion, Dennis S. Hegg, were driving a pickup truck which was towing a large trailer filled with trees and debris. At the intersection of 24th Street West and Broadwater Avenue in Billings, Montana, they became involved in altercation with Mark Richardson. Lorash and Hegg followed Richardson to a Billings residence where Richardson exited his car and went inside. Lorash and Hegg then got out of the pickup and proceeded to hit and kick Richardson's car causing over $1,800 in damage.
Several months later, on September 4, 1987, the State filed its affidavit and motion for leave to file information with the District Court, basing felony jurisdiction on the provisions of Sec. 45-6-101, MCA, which provides:
(1) A person commits the offense of criminal mischief if he knowingly or purposely:
(a) injures, damages, or destroys any property of another or public property without consent;
. . . . .
(3) ... If the offender commits the offense of criminal mischief and causes pecuniary loss in excess of $300, ... he shall be fined an amount not to exceed $50,000 or be imprisoned in the state prison for any term not to exceed 10 years, or both.
On July 25, 1988, Lorash plead guilty to the charge. A presentence investigation report was then prepared which noted that on October 10, 1973, Lorash had been convicted of possession of marijuana, and given a three-year deferred sentence. The presentence investigation report recommended:
Due to the fact the subject has a previous felony and sentencing was deferred, the sentence must be suspended under MCA 46-18-201(6).
After receiving Lorash's guilty plea to the criminal mischief charge, the District Court sentenced the appellant to two years in the Montana State Prison, but suspended the sentence and placed him on probation for two years. At sentencing, the court noted that the reason the appellant did not receive a deferred sentence as did his co-actor, Hegg, was because of the language in Sec. 46-18-201(6), MCA, which provides in part:
[I]mposition of sentence in a...
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...beyond a reasonable doubt.'" State v. Renee, 1999 MT 135, ¶ 21, 294 Mont. 527, ¶ 21, 983 P.2d 893, ¶ 21 (citing State v. Lorash (1989), 238 Mont. 345, 347, 777 P.2d 884, 886, quoting T & W Chevrolet v. Darvial (1982), 196 Mont. 287, 292, 641 P.2d 1368, 1370). Thus, the party challenging a s......
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Finstad v. WR Grace & Co., 99-444.
...an alleged constitutional infirmity in a legislative enactment rests upon the party raising the challenge." State v. Lorash (1989), 238 Mont. 345, 347, 777 P.2d 884, ¶ 14 The Finstads allege that the portion of § 27-1-221(6), MCA, which states that an award of punitive damages must be unani......
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State v. Beckman, 96-644
...for expungement. Finally, the State asserts that in Brander we did not consider the effect of our decision in State v. Lorash (1989), 238 Mont. 345, 777 P.2d 884, and did not expressly consider whether the expungement provision of § 61-8-714(5), MCA (1981), created a substantive right or a ......
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State v. Renee, 97-698.
...every intendment in its favor will be made unless its unconstitutionality appears beyond a reasonable doubt.'" State v. Lorash (1989), 238 Mont. 345, 347, 777 P.2d 884, 886, quoting T & W Chevrolet v. Darvial (1982), 196 Mont. 287, 292, 641 P.2d 1368, 1370. Renee, as the party raising the c......