State v. Graves
Annotate this CaseIn 1995, Defendant pled guilty to forgery and bail jumping. Defendant’s original sentence was a twenty-year commitment to the Department of Corrections (DOC) with ten years suspended. The district court’s sentence made Defendant subject to various conditions during the suspended portion of the sentence. In 1996, Defendant escaped from jail. In 2011, the Adult Probation and Parole Bureau learned that Defendant was serving a supervisory sentence in Oregon. The State subsequently filed a petition to revoke Defendant’s suspended sentence for violating the conditions of his suspended sentence. The district court revoked the suspended portion of Defendant’s sentence and sentenced Defendant to ten years in Montana State Prison (MSP). The Supreme Court vacated Defendant’s sentence, holding (1) the petition to revoke Defendant’s suspended sentence was properly filed before the period of suspension began; (2) Defendant was not denied due process by not signing the conditions of his probation, and the district court’s refusal to admit the documents related to that defense was harmless; but (3) the district court erred in sentencing Defendant to MSP rather than the DOC and in failing to give Defendant credit for time served while he was incarcerated awaiting extradition to Montana. Remanded.
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