Montana v. Evans
Annotate this CaseDefendant Thomas Evans appealed the revocation of his suspended sentence. In 2003, Defendant pled guilty to issuing bad checks for which he was sentenced to a five-year commitment to the Department of Corrections. Defendant was given credit for nineteen days served pending final disposition. The sentence was suspended pursuant to conditions, and was to run consecutive to a prior Missioula County sentence, also for issuing bad checks. One of the conditions of his suspended sentence was that he “remain law-abiding.” Late 2010, Missoula law enforcement responded to a report that Defendant had assaulted his former girlfriend. The felony assault charge was eventually dismissed, but Defendant retained a misdemeanor PFMA count. The district court denied his motion to dismiss and revoked Defendant's suspended sentence. Defendant appealed and raised several issues on appeal: (1) the District Court lacked jurisdiction to conduct the revocation proceedings; (2) Defendant was denied due process; (3) Defendant challenged whether the State established grounds for revocation by a preponderance of the evidence; and (4) Defendant alleged that the District Court erred in failing to award him credit for time served in jail prior to the revocation of his suspended sentence. Upon review, the Supreme Court concluded that the district court indeed miscalculated Defendant's credit for time served. The Court remanded the case so that the lower court could give Defendant additional credit for time served in the amount of ninety-five days for a total of 158 days. The District Court was affirmed in all other respects.
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