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State v. Sullivant

State v. Sullivant, 2013 MT 200 (July 23, 2013) (5-0) (McGrath, C.J.)

Issue: (1) Whether the “remainder of the probation sentence” includes the period during which the defendant absconded from probation; (2) whether the district court should hold an evidentiary hearing on the reasons for Sullivant’s absconding; and (3) whether the re-imposition of fines and fees varied from the original sentence and should be stricken.

Short Answer: (1) No; (2) this was not raised below, and the Court declines to invoke plain error review; and (3) no.

Affirmed in part, reversed in part, and remanded