Document Type

Article

Publication Date

2-3-2004

Abstract

  • In the Blackfeet Tribal Court of Appeals, the Court dismissed an appeal from a defendant who entered a guilty plea and plea agreement from a charge for Possession of Dangerous Drugs, Sale of dangerous Drugs, and Possession of Drug Paraphernalia under Ordinance 95. It was unclear to the Court why counsel for the Defendant filed a notice of appeal after the Defendant after he has already complied with a portion of the plea agreement by paying a fine. It is additionally unclear whether defendant complied with the signed conditions of his release. Whenever the Court has deferred the imposition or suspended execution of sentence, and after termination of the time period during which imposition of sentence has been deferred or execution of sentence bas been suspended upon motion of the Court, the defendant or the Court may-allow the defendant to withdraw his plea of guilty and order that the charge or charges against him be dismissed. Blackfeet Law and Order Code, Ch.8, Sec. 13.

  • Ordinance #95 specifically states "A persons convicted of the offense of Criminal Sale of Dangerous Drugs shall be imprisoned for a mandatory minimum term of six (6) months, not to be suspended or deferred, and shall be fined One Thousand Dollars ($1,000.00). Fine to be paid after sentence term or served at the rate of twenty-five dollars (25.00) per day.” The Intention of this ordinance is to curb drug use and sale on the reservation.

  • The Court ruled that until such time that the Tribal Code is revised the tribal prosecutors are to refrain from a probation sentence in a Ordinance #95 sentence of Sale of a Dangerous Drug.

  • Prosecutors shall follow the sentencing guidelines prescribed in tribal ordinances.

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