Montana Supreme Court

State v. C. Toulouse

August 27, 2024418 Mont. 1

Summary

The Court held that the District Court imposed an illegal sentence when, after revoking Toulouse's suspended sentences, it imposed a ten-year commitment followed by a consecutive five-year commitment. Under the governing revocation statute, the court could not impose a term longer than the original suspended sentence, and the sentence imposed exceeded the five-year suspended portion of the intimidation sentence. The Court reversed and remanded for resentencing.