State v. Parker

¶1 Alton Maurice Parker appeals the denial of his petition for postconviction relief by the District Court for the Fourth Judicial District, Missoula County. Alton contends on appeal that when the District Comet revoked his suspended sentence and resentenced him in 1999, the court’s designation of Parker as a dangerous offender for purposes of parole eligibility under § 46-18-404, MCA, was illegal since that statute was repealed in 1995. We reverse and vacate that portion of the sentence designating Parker a dangerous offender.

¶2 We address the following issue on appeal: Is Parker entitled to…