Preview:

No. 92-57

IN THE SUPREME COURT OF THE STATE OF MONTANA
1993

STATE OF MONTANA,

Plaintiff and Respondent,

JOHN BUFFALO,
Defendant and Appellant.

APPEAL FROM: District Court of the Thirteenth Judicial District,
In and for the County of Yellowstone,
The Honorable William J. Speare, Judge presiding.

COUNSEL OF RECORD:
For Appellant:

L. Sanford Selvey, 11, Yellowstone County Public
Defender, Billings, Montana

For Respondent:

Hon. Joseph P. Mazurek, Attorney General, John
P~u~so~,

Ass't Attorney General, Helena, Montana

Dennis J. Paxinos, Yellowstone County Attorney,
Billings, Montana

Submitted on Briefs: September 16, 1993

Decided: October 14, 1993
Filed:

Justice Karla M. Gray delivered the Opinion of the Court.

John Buffalo appeals from an order of the Thirteenth Judicial
District Court, Yellowstone County, designating him a dangerous
offender. We affirm.

The sole issue on appeal is whether the District Court adequately articulated its reasons for designating Buffalo a dangerous offender under 1 46-18-404,MCA.
On October 31, 1991, an information was filed against John
Buffalo (Buffalo) alleging one count of attempted sexual
intercourse without consent and one count of attempted kidnapping,
According to the affidavit filed in support of the information and
the evidence introduced at trial, at approximately 9:35 a.m, on
October 27, 1991, Buffalo attacked G.M. from behind and hit her in
the face with his closed fist. He then carried her between a row
of parked cars, where he threw her to the ground and attempted to
tear her clothes off. A Yellowstone County deputy sheriff observed
the incident by chance and interceded; Buffalo fled the scene.

Buffalo then encountered C.T., who was leaving her car to
attend a church service. Buffalo ordered C.T. into the car and
then shoved her inside. C.T. began to scream and kick at Buffalo.
Deputies in the area saw the altercation, responded, and
apprehended Buffalo after a short chase. Neither victim knew
Buffalo prior to the attacks.

Following a two-day trial, a jury found Buffalo guilty of
attempted sexual intercourse without consent and attempted
kidnapping. A presentence report and psychological examination

2

were obtained for sentencing purposes. On September 3, 1992, the
~istrict Court sentenced Buffalo to twenty years imprisonment for
attempted sexual intercourse without consent and ten years
imprisonment for attempted kidnapping. The court ordered the
sentences to run concurrently and designated Buffalo a dangerous
offender. Buffalo appeals only the dangerous offender designation
contained in his sentence.

Did the District Court adequately articulate its reasons for designating Buffalo a dangerous offender under S 46-18-404, MCA? Under Montana's sentencing provisions, the designation of an offender as either nondangerous or dangerous is an important factor in determining parole eligibility. See 5 46-23-201(2), MCA; State
v. Belmarez (1991), 248 Mont. 378, 379, 812 P.2d 341, 342. As a general rule, a district court must designate an offender nondangerous if he has no other felony convictions in the preceding five years and it determines that the offender does not represent a substantial danger to other persons or society. Section 46-18- 404(1) and (2), MCA. Under

Download c2a4731a-63c1-4416-a184-ca6b458740e5.pdf

Montana Law