State v. Rosales, No. 99-487.

Docket NºNo. 99-487.
Citation2000 MT 89, 999 P.2d 313, 299 Mont. 226
Case DateApril 11, 2000
CourtUnited States State Supreme Court of Montana

999 P.2d 313
2000 MT 89
299 Mont. 226

STATE of Montana, Plaintiff and Respondent,
v.
Cory ROSALES, Defendant and Appellant

No. 99-487.

Supreme Court of Montana.

Submitted on Briefs February 17, 2000.

Decided April 11, 2000.


999 P.2d 314
William F. Hooks, Appellate Defender, Helena, Montana, For Appellant

Honorable Joseph P. Mazurek, Attorney General; Elizabeth S. Baker, Assistant Attorney General, Helena, Montana, Mike McGrath, County Attorney; Carolyn Clemens, Deputy County Attorney, Helena, Montana, For Respondent.

Chief Justice J.A. TURNAGE delivered the Opinion of the Court.

¶ 1 In light of this Court's decision in State v. Guillaume, 1999 MT 29, 293 Mont. 224, 975 P.2d 312, Cory Rosales moved the First Judicial District Court, Lewis and Clark County, to amend his sentence for the conviction of felony assault and the use of a weapon pursuant to § 46-18-221, MCA. The District Court dismissed his motion due to the running of the five-year statute of limitations for postconviction relief. Rosales appeals. We affirm the District Court.

¶ 2 On appeal, Rosales asks us to reconsider two procedural bars effective in a case similar to his, State v. Nichols, 1999 MT 212, 295 Mont. 489, 986 P.2d 1093. Specifically, he asks us to reverse our decision on the application of the statute of limitations and the bar against retroactive application of the law. Cf. Nichols (holding that both procedural bars precluded the defendant from moving the court to amend his sentence on the basis of Guillaume). Rosales asserts that it would be inequitable for us to completely bar him from making a claim for relief since our decision in Guillaume makes the weapon enhancement portion of his sentence unconstitutional.

¶ 3 Because we affirm the District Court's decision based upon the statute of limitations, we do not consider Rosales's argument in regard to retroactive application of the law.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 4 Rosales pled guilty to the charge of felony assault in violation of § 45-5-202(2)(b), MCA (1993), for accelerating his vehicle toward a police officer who was attempting to stop him. He received a deferred imposition of sentence both for felony assault and for use of a weapon. However, on January 28, 1994, the District Court amended its judgment and revoked Rosales's deferred sentence because he violated its conditions. The District Court sentenced Rosales to the custody of the Department of Corrections and Human Services for a period of ten years for the crime of felony assault and an additional two years, to run consecutively, for the use of a weapon in violation of § 46-18-221, MCA.

¶ 5 On May 5, 1999, Rosales filed a...

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8 practice notes
  • State v. Gregory Alan Me., No. DA 10–0329.
    • United States
    • Montana United States State Supreme Court of Montana
    • May 2, 2011
    ...judgments, preserving the integrity of the judicial process, and securing the orderly administration of justice. See e.g. State v. Rosales, 2000 MT 89, 299 Mont. 226, 999 P.2d 313; Davis v. State, 2008 MT 226, ¶¶ 23–26, 344 Mont. 300, 187 P.3d 654. ¶ 47 As the Court observes, however, the p......
  • Pena v. State, No. 03-595.
    • United States
    • October 21, 2004
    ...evidence proves he is innocent. See Sanchez v. State, 2004 MT 9, ¶ 12, 319 Mont. 226, ¶ 12, 86 P.3d 1, ¶ 12; State v. Rosales, 2000 MT 89, ¶ 7, 299 Mont. 226, ¶ 7, 999 P.2d 313, ¶ 7; § 46-21-102(2), MCA. Peña makes no claim that he is actually or legally innocent of the deliberate homicide ......
  • State v. Pope, No. 00-048.
    • United States
    • Montana United States State Supreme Court of Montana
    • December 2, 2003
    ...only when there is a clear miscarriage of justice, one so obvious that the judgment is rendered a complete nullity." State v. Rosales, 2000 MT 89, ¶ 7, 299 Mont. 226, ¶ 7, 999 P.2d 313, ¶ 7. Further, "[t]he fundamental miscarriage of justice exception is concerned with actual and not legal ......
  • State v. Placzkiewicz, No. 00-402.
    • United States
    • Montana United States State Supreme Court of Montana
    • December 11, 2001
    ...demonstrates his actual innocence. State v. Wells, 2001 MT 55, ¶¶ 10-11, 304 Mont. 329, ¶¶ 10-11, 21 P.3d 610, ¶¶ 10-11; State v. Rosales, 2000 MT 89, ¶ 7, 299 Mont. 226, ¶ 7, 999 P.2d 313, ¶ 7; State v. Nichols, 1999 MT 212, ¶ 20, 295 Mont. 489, ¶ 20, 986 P.2d 1093, ¶ 20; State v. Redcrow,......
  • Request a trial to view additional results
8 cases
  • State v. Gregory Alan Me., No. DA 10–0329.
    • United States
    • Montana United States State Supreme Court of Montana
    • May 2, 2011
    ...judgments, preserving the integrity of the judicial process, and securing the orderly administration of justice. See e.g. State v. Rosales, 2000 MT 89, 299 Mont. 226, 999 P.2d 313; Davis v. State, 2008 MT 226, ¶¶ 23–26, 344 Mont. 300, 187 P.3d 654. ¶ 47 As the Court observes, however, the p......
  • Pena v. State, No. 03-595.
    • United States
    • October 21, 2004
    ...evidence proves he is innocent. See Sanchez v. State, 2004 MT 9, ¶ 12, 319 Mont. 226, ¶ 12, 86 P.3d 1, ¶ 12; State v. Rosales, 2000 MT 89, ¶ 7, 299 Mont. 226, ¶ 7, 999 P.2d 313, ¶ 7; § 46-21-102(2), MCA. Peña makes no claim that he is actually or legally innocent of the deliberate homicide ......
  • State v. Pope, No. 00-048.
    • United States
    • Montana United States State Supreme Court of Montana
    • December 2, 2003
    ...only when there is a clear miscarriage of justice, one so obvious that the judgment is rendered a complete nullity." State v. Rosales, 2000 MT 89, ¶ 7, 299 Mont. 226, ¶ 7, 999 P.2d 313, ¶ 7. Further, "[t]he fundamental miscarriage of justice exception is concerned with actual and not legal ......
  • State v. Placzkiewicz, No. 00-402.
    • United States
    • Montana United States State Supreme Court of Montana
    • December 11, 2001
    ...demonstrates his actual innocence. State v. Wells, 2001 MT 55, ¶¶ 10-11, 304 Mont. 329, ¶¶ 10-11, 21 P.3d 610, ¶¶ 10-11; State v. Rosales, 2000 MT 89, ¶ 7, 299 Mont. 226, ¶ 7, 999 P.2d 313, ¶ 7; State v. Nichols, 1999 MT 212, ¶ 20, 295 Mont. 489, ¶ 20, 986 P.2d 1093, ¶ 20; State v. Redcrow,......
  • Request a trial to view additional results

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