A.     Findings of Fact and Conclusions of Law

We review a trial court's underlying factual findings to determine if they are clearly erroneous.  Findings of fact are clearly erroneous if they are not supported by substantial evidence, the court misapprehends the effect of the evidence, or appellate review of the record convinces the court that a mistake has been made.   State v. Warclub, 2005 MT 149, ¶ 23, 327 Mont. 352, 114 P.3d 254