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Parrish v. State

Supreme Court of Montana

March 5, 2019

AMANDA PARRISH, Petitioner and Appellant,
v.
STATE OF MONTANA, Respondent and Appellee.

          Submitted on Briefs: January 30, 2019

          APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause No. DV 16-903 Honorable Mary Jane Knisely, Presiding Judge

          For Appellant: Amanda Parrish, Self-Represented, North Platte, Nebraska

          For Appellee: Timothy C. Fox, Montana Attorney General, Micheal S. Wellenstein, Assistant Attorney General, Helena, Montana

          Scott Twito, Yellowstone County Attorney, Christopher A. Morris, Deputy County Attorney, Billings, Montana

          OPINION

          Mike McGrath Chief Justice.

         ¶1 Pursuant to Section I, Paragraph 3(c), Montana Supreme Court Internal Operating Rules, this case is decided by memorandum opinion and 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 Amanda Rae Parrish (Parrish) appeals from an order of the Thirteenth Judicial District Court, Yellowstone County, dismissing her petition for postconviction relief. We affirm.

         ¶3 On September 28, 2014, Billings Police Department (BPD) received a report of a man threatening hotel staff and refusing to leave. Officer Sanders responded to the scene and observed a silver Dodge Challenger, which he recognized as belonging to Michael Ray Hinshaw (Hinshaw). After hearing a description of the suspect, Officer Sanders realized it was consistent with Hinshaw's appearance. Officer Stevens and additional BPD officers located Hinshaw's vehicle, initiated a stop, and removed Hinshaw and his female passenger from the vehicle. The passenger identified herself as Jessica Edwards, but later admitted her real name was Amanda Rae Parrish. Parrish consented to a search of her purse, where the officers located a Clonazepam pill.[1]

         ¶4 The State charged Parrish with criminal possession of dangerous drugs, a felony, and obstructing a peace officer, a misdemeanor. Parrish pleaded not guilty to both charges. The District Court set Parrish's bond at $3, 000 and set conditions for her release, including that she wear a drug patch. On October 23, 2014, Parrish posted bond, but failed to comply with the drug patch requirement. Following a petition to revoke bond, the District Court issued an arrest warrant and set bond at $5, 000. Parrish was arrested on November 18, 2014, and appeared on the warrant on November 20, 2014.

         ¶5 On October 24, 2014, the State sent an expedited plea offer to Parrish's attorney. The offer provided that Parrish had until December 4, 2014, to accept the offer and stipulate that the pill was Clonazepam.[2] The State sought to have Parrish designated a Persistent Felony Offender (PFO) per § 46-18-501, MCA (2013). The request relied on a prior felony conviction and a 2014 Washington State judgment. On December 4, 2014, Parrish accepted the plea agreement and pleaded guilty on both counts. She signed a written acknowledgement of rights and stated:

I am guilty because I did the following: On or about September 28, 2014[, ] in Yellowstone County[, ] Montana, I was knowingly in possession of a Clonazepam pill and hindered a law enforcement officer's investigation [b]y not telling him my correct name.

         Parrish posted bond on December 18, 2014. On December 30, 2014, the District Court issued a warrant for Parrish for failure to comply with drug patch requirement. Parrish also failed to appear for her January 14, 2015 presentence investigation interview. On January 20, 2015, Parrish was arrested on the warrant. On January 30, 2015, Parrish posted bond again and was released on the condition that she acquire and maintain the drug patch. On February 9, 2015, the District Court issued another warrant for Parrish's arrest for failure to comply with the drug patch; bond was set at $20, 000. On March 19, 2015, Parrish failed to appear for her sentencing. Parrish's counsel had filed two motions to continue the hearing asserting that Parrish was in Great Falls and unable to make it to Billings for sentencing. As a result of her failure to appear for sentencing, the State charged Parrish with one count of bail-jumping, a felony. Parrish was arrested again on April 5, 2015.

         ¶6 On April 7, 2015, Parrish pleaded not guilty to bail-jumping. The State and defense counsel entered an agreement to resolve both cases whereby the State agreed to recommend dismissal of the bail-jumping case and Parrish agreed to be sentenced to five years with the Department of Corrections (DOC) as a PFO. On May 22, 2015, Parrish appeared before the District Court and was sentenced to five years with the DOC as a PFO. The District Court also imposed a six-month commitment to the Yellowstone County Detention Facility for the obstruction charge, to run concurrently with the DOC sentence, and ordered Parrish to pay a $1, 000 fine. On August 7, 2015, Parrish appealed the sentence. ...


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