Legal Opinion

State v. Osborne

Montana Supreme Court

Decided October 25, 2005No. 05-143PublishedCited by 25 opinions

1Opinion of the CourtJustice Leaphart

¶1 Steven Lee Osborne (Osborne) was convicted of felony driving under the influence (DUI). Pursuant to a plea agreement, the court designated Osborne as a persistent felony offender and sentenced him to ten years in prison, five of which were suspended.

¶2 Osborne filed a petition for postconviction relief, asserting that the court exceeded its sentencing authority. The District Court denied his petition. Osborne now appeals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 On July 30, 2003, the State charged Osborne with felony DUI. Osborne had previously been convicted of DUI four times, the…

2Cases cited15 opinions

  1. State v. LenihanMontana Supreme Court · 1979
  2. State v. HatfieldMontana Supreme Court · 1993
  3. State Ex Rel. Bennett v. BonnerMontana Supreme Court · 1950
  4. State v. BakerMontana Supreme Court · 1995
  5. In Re the Marriage of MillerMontana Supreme Court · 1993

10 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Stanley v. LemireMontana Supreme Court · 2006
  2. Deegan v. StateSupreme Court of Minnesota · 2006
  3. Davis v. StateMontana Supreme Court · 2008
  4. Ex Parte ClemonsSupreme Court of Alabama · 2007
  5. Pinnow v. Montana State FundMontana Supreme Court · 2007

20 more not listed; retrieve them via the Exa API.

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