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State v. Snider

Supreme Court of Montana

October 23, 2018

STATE OF MONTANA, Plaintiff and Appellee,
v.
TYLER JACK SNIDER, Defendant and Appellant.

          Submitted on Briefs: August 1, 2018

          APPEAL FROM: District Court of the Fourteenth Judicial District, In and For the County of Musselshell, Cause No. DC-15-15 Honorable Randal I. Spaulding, Presiding Judge

          For Appellant: Chad Wright, Appellate Defender, Deborah S. Smith, Assistant Appellate Defender, Helena, Montana

          For Appellee: Timothy C. Fox, Montana Attorney General, Mardell Ployhar, Assistant Attorney General, Helena, Montana

          Kevin R. Peterson, Musselshell County Attorney, Kent M. Sipe, former Musselshell County Attorney, Roundup, Montana

          OPINION

          BETH BAKER JUSTICE

         ¶1 After losing his speedy trial motion, Tyler Jack Snider pleaded guilty to two counts of felony assault with a weapon in violation of § 45-5-213, MCA, in the Fourteenth Judicial District Court, Musselshell County. Snider received concurrent forty-year prison sentences. He raises three issues on appeal:

1.Was Snider entitled to dismissal of all charges for lack of a speedy trial?
2. Did the District Court deny Snider due process of law during sentencing when it admitted a jailhouse informant letter into evidence and stated facts outside the record?
3.Did the court illegally impose multiple court information technology fees?

         ¶2 We affirm on issues one and two and remand to the District Court on issue three, with instructions to strike one of the information technology fees imposed in Snider's sentence.

         PROCEDURAL AND FACTUAL BACKGROUND

         ¶3 On February 15, 2015, Fallon McCleary was hanging out with Robert Lacroix and Cassandra Hafferman at Snider's house before Snider returned home from work.[1]McCleary was four months pregnant at the time with Snider's child. As Hafferman was trying to leave, Snider drove up and blocked her vehicle in. He began yelling at McCleary and Lacroix and accused them of taking his things. Snider has admitted that he was high on methamphetamine at the time. Hafferman got out of her vehicle and asked Snider and Lacroix to move their vehicles so she could leave. As she was returning to her vehicle, she heard a gunshot. When she turned around, she saw Snider holding a handgun. Lacroix had his hands in the air. When Hafferman approached Snider, he pointed the gun at her, but lowered it to the ground when she put her hands up.

         ¶4 McCleary and Lacroix attempted to flee from Snider in Lacroix's vehicle. Snider pursued them and began shooting at them. Law enforcement officers later found McCleary walking along U.S. Highway 87 with a gunshot wound to her left ear. They learned that Lacroix also had suffered a gunshot wound to his arm. After obtaining a search warrant for Lacroix's vehicle, officers found a hole in the base of the window with blood on the driver's door armrest area. They also found a hole through the passenger headrest with blood on the seat at the base of the headrest. At the time of the shootings, ...


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