State v. Beam
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The Supreme Court reversed the judgment of the district court revoking the suspended portion of Defendant's sentence for failing to complete sex offender treatment while in prison, holding that because there was no requirement that Defendant complete sex offender treatment prior to his release on probation the district court lacked the authority to revoke Defendant's sentence.
The district court revoked Defendant's sentence after finding that Defendant had not completed sex offender treatment. The court then imposed a six-year Department of Corrections commitment. The Supreme Court reversed, holding that because the treatment condition of Defendant's suspended sentence did not specify when treatment was to be completed, the district court lacked authority to revoke Defendant's sentence and impose a new sentence on the basis that Defendant had refused treatment while in custody.
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