State v. Joseph Morrison

¶20 I dissent from the Court’s decision. Morrison was originally sentenced on March 7, 2005, for felony DUI committed on or about February 19, 2004. That being the case, the 2003 version of the code applies. State v. Oie, 2007 MT 328, ¶ 10, 340 Mont. 205, ¶ 10, 174 P.3d 937, ¶ 10 (citing State v. Muhammad, 2002 MT 47, ¶ 24, 309 Mont. 1, ¶ 24, 43 P.3d 318, ¶ 24 (“the law in effect at the time of the crime controls as to the possible sentence.”)). As the Court points out at ¶ 4, as to Count I, the DUI count, the trial court imposed the following sentence:

Defendant is committed to the Montana…