State of Montana v. Matthew M. Mays

Missoula, Montana criminal defense lawyer represented the Defendant charged with conspiracy to commit burglary.





In 2009, Mays pleaded guilty in two separate cases, DC-09-60 (Conspiracy to Commit Burglary) and DC-07-419 (Robbery), in the Fourth Judicial District Court. For DC-09-60, the District Court sentenced him to the Department of Corrections (DOC) for a suspended five-year term to run consecutively to a ten-year sentence in DC-07-419. On January 27, 2012, the District Court revoked Mays's sentence in DC-07-419 and imposed an eight-year sentence to the DOC with six-and-a-half years suspended. Mays discharged his sentence for DC-07-419 on July 15, 2021, and began serving his five-year term for DC-09-60.



In 2009, Mays pleaded guilty in two separate cases, DC-09-60 (Conspiracy to Commit Burglary) and DC-07-419 (Robbery), in the Fourth Judicial District Court. For DC-09-60, the District Court sentenced him to the Department of Corrections (DOC) for a suspended five-year term to run consecutively to a ten-year sentence in DC-07-419. On January 27, 2012, the District Court revoked Mays's sentence in DC-07-419 and imposed an eight-year sentence to the DOC with six-and-a-half years suspended. Mays discharged his sentence for DC-07-419 on July 15, 2021, and began serving his five-year term for DC-09-60.





On September 19, 2022, Mays submitted to a urinary analysis test, which tested positive for methamphetamine. He also admitted to recently consuming alcohol. Mays signed a DOC probation substance use admission form, admitting he had violated the terms of his suspended sentence when he ingested methamphetamine on September 16, 2022, and consumed alcohol on September 17, 2022.





At a November 18, 2022 evidentiary hearing, Mays's attorney challenged law enforcement's determination that Mays was the predominate aggressor via his questioning of S.M. and the responding officer. Mays's attorney questioned S.M. as to who instigated the initial altercation. The attorney further questioned S.M. regarding whether she had yelled at Mays and whether she had previously been charged with PFMA against Mays. She admitted to getting upset about Mays's uncle repeatedly asking her for a cigarette, prompting her to yell at Mays to have his uncle stop "hounding [her]." While she admitted to the previous charge of PFMA against Mays, she explained that she defended herself and her daughter from him and that the charge was later dropped. Defense counsel asked her if she had struck Mays at all during the September 18, 2022 altercation and she admitted to "probably" striking him in self-defense. Mays's attorney questioned Officer Josh Mirabella (Mirabella), who responded to the residence and was later present following the arrest of Mays, regarding how he made the determination Mays was the predominate aggressor. Mirabella answered that his determination was based on his observations of S.M.'s distraught condition when he arrived at her home, comparing the severity S.M.'s injuries to the relative lack of injuries on Mays, and the initial call reporting a woman's voice screaming "don't" and "get off me." Based on this testimony and testimony from Mays's probation officer regarding his admission of substance abuse in violation of his probation, the court found Mays guilty of three counts of violating the terms of his suspended sentence in DC-09-06: (1) PFMA as a violation of the condition he obey all laws, (2) his possession of methamphetamine, and (3) his admission of consuming methamphetamine and alcohol. The District Court revoked Mays's suspended sentence and remanded him to DOC custody.



State v. Mays, 2024 MT 275N, DA 23-0099 (Mont. Nov 19, 2024)

Affirmed on appeal.