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State v. Horn - DUI Sentence Reversed on Constitutional Grounds

The Montana Supreme Court reversed the District Court judgment in State v. Horn, a fourth-offense DUI case, on two grounds. The Court found error in imposing a mandatory-minimum $5,000 fine pursuant to § 61-8-731(1)(a)(iii), MCA (2019), which the defendant challenged as facially unconstitutional, and in including fees in the written judgment that the court had orally waived. The case is remanded for further proceedings.