Montana Supreme Court

State v. J. Wolfblack

August 6, 2024417 Mont. 376

Summary

The Court held that the District Court lacked statutory authority to make Wolfblack’s revocation sentence consecutive to a sentence imposed in a later case. Because the consecutive provision unlawfully extended the original sentence, the revocation sentence expired in 2015, making the State’s 2022 revocation petition untimely. The Court reversed the denial of the motion to dismiss, vacated the revocation judgment and sentence, and dismissed the proceedings.