State v. Heath

¶1 Barry Alonzo Heath (Heath) appeals from the District Court’s order sentencing Heath to 25 years with 15 years suspended to the Montana State Prison (MSP) following our remand for resentencing in State v. Heath, 2004 MT 58, 320 Mont. 211, 89 P.3d 947 (Heath I). We affirm.

¶2 The restated issue on appeal is whether the District Court violated Heath’s due process rights when it changed his sentence from a Department of Corrections (DOC) commitment to term at the MSP following his successful appeal in Heath I.

BACKGROUND

¶3 Following a jury trial, the Eighth Judicial District, the Honorable Judge…