State v. Koon

The Supreme Court held that the district court did not err in dismissing Defendant’s motion to dismiss the State’s petition to revoke her suspended sentence on the ground that there had been a four-year delay in executing the arrest warrant.In 2009, the district court issued a “Montana only” warrant for the arrest of Defendant, who was on probation. Thereafter, Defendant was convicted of another offense in Colorado, where, several times, Defendant was paroled and then her sentence was revoked. Defendant discharged her Colorado sentences in 2013. That same year, Defendant was arrested on the 2009 warrant. Defendant moved to dismiss the petition to revoke her suspended sentence, arguing that the State violated her right to due process by failing to bring her to court without unnecessary delay. The district court concluded that Defendant had not suffered a deprivation of due process and then determined that Defendant had violated the terms of her original sentence. The Supreme Court affirmed, holding that the district court did not err in denying Defendant’s motion to dismiss the revocation petition. View "State v. Koon" on Justia Law