State v. Schwictenberg, 88-563
Decision Date | 27 April 1989 |
Docket Number | No. 88-563,88-563 |
Citation | 237 Mont. 213,772 P.2d 853 |
Parties | STATE of Montana, Plaintiff and Appellant, v. Joel SCHWICTENBERG, Defendant and Respondent. |
Court | Montana Supreme Court |
Marc Racicot, Atty. Gen., Helena, Clay Smith, Asst. Atty. Gen., Helena, Robert L. Deschamps, III, County Atty., Craig Friedenauer, Deputy County Atty., Missoula, for plaintiff and appellant.
Ronald MacDonald, Datsopoulos, MacDonald and Lind, Missoula, for defendant and respondent.
The State of Montana appeals the dismissal of a criminal proceeding against the defendant, Joel Schwictenberg, in the District Court for the Fourth Judicial District, Missoula County. We reverse.
The defendant was charged in justice court with failure to stop at the scene of an accident, in violation of § 61-7-104, MCA, and driving under the influence of drugs or alcohol in violation of § 61-8-401, MCA. At trial, the defendant was found guilty of failing to stop at the scene of an accident, but not guilty of driving under the influence of drugs or alcohol. The defendant then appealed his conviction to the District Court.
At a combined arraignment and omnibus hearing, the defendant pled not guilty and was released on his own recognizance. Later, he agreed to plead guilty to a violation of § 61-7-104, MCA, or failure to stop at the scene of an accident, in exchange for certain recommendations by the prosecution. A plea bargain agreement was entered into between the defendant, his counsel, and the Deputy County Attorney Craig Friedenauer. At the change of plea hearing, Mr. Friedenauer and a legal intern, Robert Long, appeared on behalf of the State. It was at that hearing that the District Court judge dismissed the proceeding against the defendant after the following exchanges:
The Minutes and Note of Ruling for that date further state:
Deputy County Attorney Craig Friedenauer and the Defendant with his counsel, Rebecca Summerville, came into Court.
Defendant's motion to change his plea was heard and granted. Thereupon by permission of the Court and consent of the County Attorney the Defendant withdrew his plea of "Not Guilty" and entered his plea of "Guilty as charged in the Complaint."
The Court was advised that a Plea Bargain Agreement had been entered into and is on file herein. Upon questioning, the Court was unable to find the appropriate documents in the Court file and therefore dismissed the case with prejudice.
Following the State's appeal of the dismissal, the judge issued an order stating that he had instructed the student intern to remove himself from the courtroom until he was appropriately attired and that he had spent considerable time searching through the court file for the appropriate charge but failed to locate it. The judge offered the following reasons for the dismissal:
1. The Missoula County Attorney's Office is responsible for insuring compliance with the Student Practice Rule particularly when students are appearing in District Court proceedings in criminal cases. The Court expects that this supervision will be real and not perfunctory.
2. The appearance of the student, in clear violation of the District Court Rules, indicates to this Court the supervising responsibility is not being held to sufficient standards.
3. The Court not being able to proceed in an orderly fashion with the acceptance of a plea as a result of the violation of the District Court Rules by the County Attorney's Office was disruptive and delayed the Court's proceedings. No supervisory attorney presented himself to the Court with any familiarity which would have allowed proceeding excepting an offer to get the Court a copy of the Complaint.
4. The Court finds that in order to communicate to the County Attorney's Office that this Court is dissatisfied with the degree of preparation and compliance with the Student Practice Rule providing responsible supervisory participation that it is necessary to dismiss the misdemeanor Complaint.
The issue now before this Court is whether the District Court abused its discretion by dismissing the proceeding, against the defendant with prejudice.
Section 46-13-201(1), MCA, provides that:
The court may, either on its own motion or upon the application of the attorney prosecuting and in furtherance of justice, order a complaint, information, or indictment to be dismissed; however, the court may not order a dismissal of a complaint, information, or indictment, or a count contained therein, charging a felony, unless good cause for dismissal is shown and the reasons for the dismissal are set forth in an order entered upon the minutes.
The dismissed charge in this case was a misdemeanor, which could arguably be said not to be subject to the "good cause for dismissal" required for felonies under the statute. As the State points out, that clause addressing felony charges was added to § 46-13-201(1), MCA, in 1985. Prior to that time, no distinction was made between misdemeanor and felony charges and either could be dismissed at the court's discretion if in furtherance of justice. "In furtherance of justice" remains the standard under the first phrase of § 46-13-201(1), MCA, which we hold to be applicable in this case. That standard has been interpreted in pre-1985 case law as meaning that the authority of the court to dismiss a proceeding is not unbridled, and must be exercised in view of the constitutional rights of the defendant and the interests of society. State v. Roll (1983), 206 Mont. 259, 261-62, ...
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State v. Pinkerton, 94-213
...State ex rel. Fletcher v. Nineteenth Judicial District Court (1993), 260 Mont. 410, 413-14, 859 P.2d 992, 994; State v. Schwictenberg (1989), 237 Mont. 213, 216, 772 P.2d 853, 856. This Court recently The legislature has not attempted to define the phrase "in furtherance of justice" ..., he......
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State ex rel. Fletcher v. District Court of Nineteenth Judicial Dist. of State of Mont. In and For County of Lincoln
...the District Court, in denying the Lincoln County Attorney's motions to dismiss, abused its discretion. State v. Schwictenberg (1989), 237 Mont. 213, 216, 772 P.2d 853, 856. One purpose of supervisory control ... to enable this court to control the course of litigation in the inferior court......
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State v. Reger, DA 17-0656
...therefore not relevant where, like here, the State appeals the dismissal of its case. More to the point, in State v. Schwictenberg , 237 Mont. 213, 214, 772 P.2d 853, 854 (1989), the State appealed a district court's dismissal of a criminal proceeding against Schwictenberg. The proceeding o......