State v. Evert

¶ 1 Raymond E. Evert (Evert) appeals the sentence the District Court imposed upon resentencing. We reverse and remand.

¶2 The issues on appeal are restated into the following single issue: Did the District Court have jurisdiction to resentence Evert?

Factual and Procedural Background

¶3 Evert pleaded guilty pursuant to a plea agreement to the offense of sexual assault, a felony. In September of 1997, Evert was sentenced to 65 years at the Montana State Prison with 15 years suspended. He was also ordered ineligible for parole until he completed all phases of the prison’s sex offender treatment…