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State v. Chesterfield

Supreme Court of Montana

December 27, 2018

STATE OF MONTANA, Plaintiff and Appellee,
v.
ADAM JUSTIN CHESTERFIELD, Defendant and Appellant.

          Submitted on Briefs: October 17, 2018

          District Court of the Fourth Judicial District, In and For the County of Missoula, Cause No. DC-16-441 Honorable Karen Townsend, Presiding Judge.

          For Appellant: Nathaniel S. Holloway, Paul T. Ryan, Paul Ryan & Associates, PLLC, Missoula, Montana

          For Appellee: Timothy C. Fox, Montana Attorney General, Madison L. Mattioli, Assistant Attorney General, Helena, Montana, Kirsten Pabst, Missoula County Attorney, Missoula, Montana.

          OPINION

          JAMES JEREMIAH SHEA JUSTICE.

         ¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion, shall not be cited, and does not serve as precedent. Its case title, cause number, and disposition shall be included in this Court's quarterly list of noncitable cases published in the Pacific Reporter and Montana Reports.

         ¶2 Adam Justin Chesterfield appeals the Order of the Fourth Judicial District Court, Missoula County, denying his Motion to Dismiss his felony driving under the influence of alcohol (DUI) charge. We affirm.

         ¶3 On August 11, 2016, Chesterfield was stopped by Missoula police and cited for DUI. On August 24, 2016, the State filed an Information charging Chesterfield with felony DUI, fourth or subsequent offense, in violation of §§ 61-8-401(1)(a), 61-8-731, MCA. Chesterfield has prior DUI convictions from 2003, 2005, and 2011. Chesterfield conceded the validity of his 2003 and 2011 DUI convictions but challenged the 2005 conviction. On October 13, 2016, Chesterfield moved to dismiss the felony DUI on the grounds that his 2005 DUI conviction out of the Gallatin County Justice Court was constitutionally infirm. Chesterfield attached an affidavit that stated in relevant part:

5. I received my second DUI over a decade ago when I was only 24 years old (conviction date: October 13, 2005).
7. In 2005, I could not afford an attorney.
9. I do not remember being advised of my constitutional right to counsel before pleading guilty to DUI in 2005.
10. I do not remember voluntarily waiving my right to counsel before pleading guilty to DUI in 2005.
11. I wanted to be represented by counsel, but as a 24-year old, I was intimidated by the formal process and unsure of my rights.
12. I reviewed the Gallatin County records, and these records do not state that I was informed of ...

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