State v. Nelson

The Supreme Court affirmed the judgment of the district court imposing a two-year suspended sentence in connection with Defendant’s conviction, holding that the district court correctly determined that Mont. Code Ann. 46-18-201(1)(b) barred it from deferring Defendant’s sentence.In 2017, Defendant pleaded guilty to felony criminal possession of dangerous drugs. The State and Defendant agreed to jointly recommend a two-year deferred sentence if Defendant was eligible and, if he was not eligible, a two-year suspended sentence. At issue was whether Defendant’s previous conviction in Arizona was a felony under Mont. Code Ann. 46-18-201(1)(b), which provides that a court may not defer an offender’s sentence in a felony case if she was previously convicted of a felony. The district court ultimately concluded that Defendant’s Arizona conviction was a felony that barred her from receiving a deferred sentence and, accordingly, imposed a two-year suspended sentence. The Supreme Court affirmed, holding that the district court correctly determined that section 46-18-201(1)(b) barred it from deferring Defendant’s sentence. View "State v. Nelson" on Justia Law