State v. C. Spang

── State v. C. Spang ── Court: Montana Supreme Court Date: May 19, 2026 Category: Direct Appeal 05/19/2026 DA 23-0733 Case Number: DA 23-0733 IN THE SUPREME COURT OF THE STATE OF MONTANA 2026 MT 107 STATE OF MONTANA, Plaintiff and Appellee, v. CLEVE ERNEST SPANG, Defendant and Appellant. APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause No. DC 21-1506 Honorable Donald L. Harris, Presiding Judge COUNSEL OF RECORD: For Appellant: Tammy A. Hinderman, Appellate Defender Division Administrator, Deborah S. Smith, Assistant Appellate Defender, Helena, Montana For Appellee: Austin Knudsen, Montana Attorney General, Cori Losing, Assistant Attorney General, Helena, Montana Scott D. Twito, Yellowstone County Attorney, Holley Metzger, Deputy County Attorney, Billings, Montana Submitted on Briefs: March 25, 2026 Decided: May 19, 2026 Filed: __________________________________________ Clerk Chief Justice Cory Swanson delivered the Opinion of the Court. ¶1 Cleve Ernest Spang (Spang) appeals the February 2023 judgment and sentence of the Montana Thirteenth Judicial District Court for Driving a Motor Vehicle Under the Influence of Alcohol or Drugs (DUI) (4th or subsequent), a felony in violation of § 61-8-401, MCA (2019). Spang challenges only one aspect of the judgment: the imposition of a $5,000 fine required by § 61-8-731, MCA (2019). We affirm the imposition of the fine and remand this case to the District Court to conduct an evaluation of Spang’s ability to pay. ¶2 We restate the issues on appeal as follows: Issue One: Whether Spang waived his right to appellate review of a fine imposed by the District Court when he agreed to the fine in his plea agreement. Issue Two: Whether the District Court erred by imposing a $5,000 mandatory minimum fine pursuant to § 61-8-731, MCA (2019). FACTUAL AND PROCEDURAL BACKGROUND ¶3 At approximately 4:00 a.m. on November 11, 2021, Deputy Merrell from the Yellowstone County Sheriff’s Office responded to reports of Spang exhibiting concerning driving behavior in the Billings Heights area. Spang was observed driving at inconsistent speeds, swerving in and out of the lane, and nearly hitting the guard rail on the side of the road. After seeing him pull up to a gas pump and exit his vehicle, Deputy Merrell confronted Spang. Deputy Merrell noticed Spang’s eyes were red and watery, and the inside of his vehicle had an overwhelming stench of alcohol. Deputy Merrell administered the Standard Field Sobriety Tests to determine if Spang was safe to drive. Spang was 2 unable to perform the Walk and Turn Test or the One Legged Stand Test because of an alleged back injury but exhibited six out of six indications of impairment on the Horizontal Gaze Nystagmus test, noticeably swaying during the test. Spang refused to provide a breath sample or a blood sample but admitted he had been drinking prior to the stop. Deputy Merrell transported Spang to the Yellowstone County Detention Facility DUI processing Center and provided him with a Notice to Appear in the District Court. Further investigation revealed Spang had four prior DUI convictions. ¶4 On December 8, 2021, Spang appeared for his initial arraignment. On August 23, 2022, Spang signed an Acknowledgment, Waiver of Rights and Pl