No. 97-274 and 97-275 IN THE SUPREME COURT OF THE STATE OF MONTANA 1997
STATE OF MONTANA, Plaintiffand Respondent,
v. 

## :<;'; 00 iS97**~.** .' GORDON M. SEES THE GROUND, JR., '.' r 1**Cl.i:.:·:~:"'\ !;.~,~.-**  t.:::'.;.- j' Defendant and Appellant. SrAlt:: C'F**~~·.~**..**:\"t~··.;**

APPEAL FROM: District Court ofthe Thirteenth Judicial District, In and for the Counties ofBig Hom and Yellowstone, The Honorable Maurice Colberg, Jr., Judge presiding.

COUNSEL OF RECORD:

Filed: For Appellant: Gordon Sees the Ground, Jr., Deer Lodge, Montana (pro se) For Respondent: Joseph P. Mazurek, Attorney General, Cregg W. Coughlin, Assistant Attorney General, Helena, Montana; Christine A. Cooke, Big Hom County Attorney, Hardin, Montana; Dennis Paxinos, Yellowstone County Attorney, David Legare, Deputy Yellowstone County Attorney, Billings, Montana

Submitted on Briefs: October 30, 1997 Decided: Decernber 9, 1997Justice William E. Hunt, Sr., delivered the Opinion ofthe Court.
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1995 Internal OperatingRules, the following decision shall notbe cited as precedent and shallbepublished byits filing as a public document with the Clerk ofthe Supreme Court and by a report ofits result to State Reporter Publishing Company and West Group. Appellant appeals two felony convictions against him for DUI. The issue is whetherthe State ofMontana hasjurisdiction to prosecute a member of the Crow Indian Tribe for DUI offenses committed offthe reservation. Appellant, Gordon Sees The Ground, Jr., was charged on December 5, 1995, in the Thirteenth Judicial District Court, Big Hom County, Montana, with DUI sixth offense, a felony, for driving a vehicle in the City ofHardin in violation of §§ 61-8-401(1)(a) and 714(4), MCA(1995). Appellantpleaded guilty to the offense on September 3, 1996. He was sentenced to the Montana Department of Corrections for four years under terms and conditions set forth in the sentence. On January 10, 1996, Appellant was charged in the Thirteenth Judicial District, Yellowstone County, Montana, with DUI, a felony, for driving a vehicle in the City of Billings in violation of§ 61-8-401, MCA and, in addition, was chargedwith driving a vehicle while his driver's license was revoked or suspended in violation of§ 61-5-212, MCA (1995). He was tried by ajury and found guilty onthe DUI charge. The State dismissed the charge ofdriving while his license was suspended. He was sentenced on February 28, 1997, to the 2Montana Department ofCorrections for one yearto run consecutive to the sentence imposed in Big Hom County. While Appellant discusses many subjects in his brief, his only argument is that the State ofMontanahas nojurisdictionoverhim because he is a member ofthe Crow Tribe and resident ofthe Crow Indian Reservation and cites the case ofState ofMinnesota v. Stone, 557 N.W.2d 588 (Minn. Ct. App. 1996). That case does not help Appellant here. The holding in that case was that the State ofMinnesota had nojurisdiction to prosecute traffic violations committed on the White Earth Indian Reservation. Stone, 557 N.W.2d at 591-93. The instant case is factually distinguishable from Stone. In the instant case, Appellant was arrested, charged and convicted ofdriving while under the influence ofalcohol within the city limits ofHardin, Montana, and Billings, Montana, both ofwhich are clearly outside of the external boundary ofan Indian reservation. Itis clearthat the State hasjurisdiction to prosecute an enrolledmember ofthe Crow Indian Nation when an offense is committed outside Indian Country as defined in Title 18 U.S.c. § 1151. State v. Kills On Top (Lester)(1990), 241 Mont. 378, 388-89, 787 P.2d 336, 342-43; State v. Greenwalt (1983), 204 Mont. 196,205-07,663 P.2d 1178, 1182-83; State
v. BadHorse (1980), 185 Mont. 507, 515-16, 605 P.2d 1113, 1118; In re Little Light (1979), 183 Mont. 52, 54-55, 598 P.2d 572,573. The record shows that Appellant was operating a motor vehicle under the influence ofan intoxicating substance within the Cities ofHardin and Billings. He was charged with
3DUI, sixth offense, in BigHorn County. Hepleadedguilty to that charge. The record, again, shows that Appellant was operating a motor vehicle under the influence ofan intoxicating substance within the City ofBillings and was charged by information in the Thirteenth Judicial District Court with DUI, a felony, in violation of§ 61-8-401, MCA; and driving a vehicle while his license was suspended orrevoked in violation of§ 61-5-212, MCA. He
was tried by ajury and was found guilty ofDUI on January 7, 1997. The State dismissedthe charge ofdriving while his license was suspended or revoked. We holdthatthe sentencing courts hadjurisdictionto conductthe proceedings against Appellant. Because the other issues raised by Appellant have no relation to the charges or judgments against him, we will not address them. We affirm the District Court.

# ~~/ Justice We Concur:

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