State v. Trimmer

Defendant Douglas Trimmer appeals from a sentence imposed by the Cascade County District Court for a conviction of misdemeanor assault. The trial court sentenced defendant to the maximum of 6 months in jail and $500 fine based on the penalty provided for misdemeanor assault (sec. 45-5-201, MCA). The court then invoked the sentence enhancement statute, sec. 46-18-221, MCA, held that its application was mandatory because defendant committed the negligent assault with a weapon, and sentenced defendant to the minimum permitted, two years in prison. Based on the provisions of the enhancement…