State v. Partain

Summary

The Montana Supreme Court reversed the district court’s sentencing of Jonathan Partain and remanded for resentencing, holding that the trial court lacked statutory authority to sua sponte dismiss a felony charge after a guilty plea, to amend the charge to a lesser‑included misdemeanor, or to reinstate a dismissed charge. The Court also found that the misdemeanor offense was not a lesser‑included offense of the felony and that the district court’s actions violated the separation of powers.