State v. Brooks

¶1 Daniel Brooks appeals the judgment of the Fourth Judicial District Court, Missoula County, sentencing him to ten years in prison with five years suspended under the State’s persistent felony offender (PFO) sentencing statute, §46-18-502, MCA. We affirm.

¶2 We address the following issues on appeal:

¶3 I. Whether Brooks’s sentence violates the prohibition on double jeopardy under the Montana Constitution (Article II, section 25); and

¶4 II. Whether the District Court erred by not holding a hearing (pursuant to §46-13-108(3), MCA) to determine the truth of allegations on which Brooks’s PFO…