Submitted on Briefs: September 27, 2017
FROM: District Court of the Fourth Judicial District, In and
For the County of Missoula, Cause No. DC-14-608 Honorable
Robert L. Deschamps, III, Presiding Judge
Appellant: Robin Meguire, Attorney at Law, Great Falls,
Appellee: Timothy C. Fox, Montana Attorney General, Katie F.
Schulz, Assistant Attorney General, Helena, Montana Kirsten
H. Pabst, Missoula County Attorney, Karla Painter, Deputy
County Attorney, Missoula, Montana.
Michael E Wheat Justice.
This appeal results from a November 4, 2015 judgment, wherein
Jeffory Alan LaField (LaField) pled guilty to the criminal
offense of felony driving under the influence of alcohol,
fourth or subsequent offense, and three misdemeanors:
obstructing a peace officer, driving a motor vehicle without
a license, and failure to carry proof of insurance. LaField
alleges violation of his due process rights, errors in
sentencing, and that he was denied effective assistance of
counsel. We affirm and remand for entry of an amended
We restate the issues on appeal as follows:
Issue One: Whether the District Court deprived LaField of
his right to due process during sentencing.
Issue Two: Whether the District Court's imposition of
the suspended sentence condition requiring LaField to obtain
permission before engaging in business, purchasing real
property, purchasing an automobile, or incurring a debt,
should be stricken because of a lack of factual nexus.
Issue Three: Whether LaField was deprived of effective
assistance of counsel during sentencing.
Issue Four: Whether the sentencing conditions in the
written judgment should be amended to conform to oral
pronouncement of the conditions.
AND PROCEDURAL BACKGROUND
On November 15, 2014, Missoula County Sheriff Deputy Ross
Jessop (Deputy Jessop) was driving southbound on Montana
Highway 93. He observed a red 1997 Suzuki automobile swerve
over the fog line. Deputy Jessop observed the vehicle
following traffic too closely, nearly collide with another
vehicle, and nearly collide with Deputy Jessop's marked
patrol car. Deputy Jessop initiated a traffic stop, and the
driver pulled off the highway into an adjacent parking lot.
The driver told Deputy Jessop his name was Robert Richard
Fowler, but was unsure of his birthdate. Deputy Jessop
identified the driver as LaField. LaField was unable to
produce a valid driver's license or proof of insurance.
Deputy Jessop observed that LaField exhibited signs of
intoxication, including smelling of alcohol, droopy
blood-shot eyes, extremely slurred speech, and coordination
problems. LaField admitted to having consumed alcohol. Deputy
Jessop initiated a field sobriety test. LaField was unable or
unwilling to comply with the protocol. Deputy Jessop arrested
La Field for Driving Under the Influence of Alcohol (DUI). A
check of LaField's driving history showed he was
currently on probation for a felony DUI conviction in Ravalli
County, and LaField's driving privileges were suspended.