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State v. Nolan

Supreme Court of Montana

July 30, 2019

STATE OF MONTANA, Plaintiff and Appellee,
v.
DONNIE DORRELL NOLAN, Defendant and Appellant.

          Submitted on Briefs: May 1, 2019

          APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause No. DC 15-0610 Honorable Ingrid Gustafson, Presiding Judge

          For Appellant: William F. Hooks, Law Office of William F. Hooks, Helena, Montana

          For Appellee: Timothy C. Fox, Montana Attorney General, Roy Brown, Assistant Attorney General, Helena, Montana, Scott D. Twito, Yellowstone County Attorney, Christopher A. Morris, Deputy County Attorney, Billings, Montana

          OPINION

          LAURIE MCKINNONM, 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 A jury in the Thirteenth Judicial District Court, Yellowstone County, found Donnie Dorrell Nolan (Nolan) guilty of assault on a peace officer, obstructing a peace officer, and violation of a no contact order. As part of his sentence, the District Court ordered Nolan to pay a $10 information technology fee (IT fee) for each of the three counts. Nolan appeals his convictions and takes issue with the three IT fees. We affirm Nolan's convictions but conclude the District Court erred by imposing a separate IT fee for each count and accordingly remand to the District Court for amendment of the judgment.

         ¶3 Nolan had a 24-year on-and-off relationship with Linda. Nolan, Linda, and Linda's 20-year-old son Jarred lived at 225 Jackson Street in Billings. On May 4, 2015, a municipal court issued a no contact order pursuant to § 45-5-209, MCA, naming Linda as the protected person and prohibiting Nolan from contacting her or going near her residence or workplace. In May 2015, Linda and Jarred decided to move out of 225 Jackson. The two began to move and planned on being out of 225 Jackson by the end of June.

         ¶4 On June 23, 2015, at 2:00 a.m., Jarred was watching a movie at 225 Jackson when he heard a voice outside of the front door. Jarred looked out of a window and saw Nolan on the front steps. Jarred became concerned because he knew about the no contact order, so he called Linda, who was staying at her mother's house that night, to tell her Nolan was at 225 Jackson. Linda called the police and drove to 225 Jackson. By the time Linda and the police arrived, Nolan was no longer there.

         ¶5 Officer Vickery responded to Linda's call and spoke with Jarred and Linda. Jarred described Nolan to Officer Vickery. Officer Stovall arrived at the residence, and Officer Vickery directed him to find Nolan, who was presumably traveling on foot nearby. Officer Vickery provided Officer Stovall with Nolan's physical description. Officer Stovall eventually located a person who matched Nolan's description walking nearby. Officer Stovall pulled his car over, turned on his spotlight, exited his vehicle, and said, "Police, stop." The person, who was later identified as Nolan, replied, "What the fuck do you want? I don't have to stop. I have Fourth Amendment rights." Officer Stovall explained he was looking for a person matching Nolan's description and provided the description to Nolan. Nolan replied, "Fuck you." Officer Stovall asked Nolan for his name, Nolan responded, "I ain't going to tell you shit." Officer Stovall told Nolan that he needed to tell him his name, and Nolan again replied, "Fuck you." Officer Stovall told Nolan he was under arrest and that he needed to turn around and place his hands behind his back. At that point, Officer Stovall activated his microphone, [1]which began an audio recording that captured the following exchange:

NOLAN: Fuck you!
OFFICER STOVALL: Turn around and face away from me now.
NOLAN: What about my Fourth Amendment right, I ain't no bitch. [inaudible] You ain't gonna stop me. ...

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