State v. Oie

¶1 Thomas Oie appeals the Judgment of the District Court for the Fourth Judicial District, Missoula County, revoking the suspended portion of his sentence and committing him to the Montana State Prison (MSP) for four years. We reverse and remand for further proceedings consistent with this Opinion.

¶2 Oie presents the following issue for review: Whether the District Court erred in sentencing Oie to serve four years at MSP after revoking his suspended sentence.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 Oie was charged by Information on July 31,2000, with Operating or Being in Actual Physical Control…