State v. Niemi

The State of Montana appeals a judgment of conviction and sentencing order from the Eighth Judicial District, Cascade county, which sentenced Harvey Walter Niemi (Harvey) to ten years imprisonment for attempt (deliberate homicide) and two years imprisonment for use of a dangerous weapon, both sentences suspended except for fifteen days already served. The District Court further sentenced Harvey to 4000 hours of community service. We affirm on another ground.

We rephrase the issues presented on appeal to the following:

Did the District court err when it suspended Harvey’s sentences of ten years…