Archive | September, 2015

State v. Lee

State v. Lee, 2015 MT 259 (Sept. 1, 2015) (Baker, J.) (5-0, rev’d)

Issue: Whether the district court had authority to order the sale of Lee’s firearms and apply the proceeds to the costs of Lee’s incarceration in a county detention center.

Short Answer: No.

Reversed and remanded for entry of amended judgment

Facts: Lee was charged with robbery, assault with a weapon and burglary after allegations that he unlawfully entered a couple’s home in July 2013, pointed a gun and demanded money. Officers arrested Lee and confiscated weapons from his home and vehicle. Garfield County paid to incarcerate Lee until his sentencing in May 2014.

Lee pled nolo contender to all charges in exchange for the state not pursuing sentencing enhancements for using a dangerous weapon.…

State v. Graves

State v. Graves, 2015 MT 262 (Sept. 1, 2015) (Shea, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court erred by revoking Graves’ suspended sentence before it began; (2) whether Graves was required to sign his conditions of probation before he was subject to those conditions; (3) whether the district court erred in denying the admission of Graves’ out-of-state court records; (4) whether the district court could impose a sentence to the MSP when revoking a 1995 sentence to the DOC; (5) whether the district court erred by denying Graves credit for time served while incarcerated in Oregon after the revocation petition had been filed but before he was transferred to Montana.

Short Answer: (1) No; (2) no, as the reason he didn’t sign was that he escaped; (3) yes; (4) no; (5) yes.…