Document Type

Article

Publication Date

4-17-2004

Abstract

  • Appeal from Tribal Court involving defendant being arrested and charged with Assault and Trespass as to Section III, II of Chapter Five of the Blackfeet Tribal Law and Order Code. 

  • Defendant had entered not guilty plea, trial was set with cash bond of $500, and a bench restraining order imposed on defendant. 

  • Defendant changed plea to guilty, Judge Carl Pepion ordered a pre-sentence investigation, and defendant was ordered to complete a psychological evaluation prior to sentencing. Defendant was sentenced to 24 months with credit of (90) days served and a $2000 fine. 

  • The issue here was whether the sentence and fine was excessive.  

  • The Appeals court held that the sentence for trespass was a fine not to exceed $500, or imprisoned for a term not to exceed six months or both. The sentence for Assault was a fine not to exceed $5000 and imprisoned for a minimum of thirty days not to exceed a year. Defendant’s sentence therefore should not exceed 18 months, not 24 months.  

  • The decision of the Appeals court is for the Tribal court to re-sentence the defendant. 

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