Legal Opinion · Concurring in part, dissenting in part

State v. Holt

Montana Supreme Court

Decided March 11, 2011No. DA 10-0060Published

1Concurring in part, dissenting in partJustice Nelson

*316¶23 I concur with the Court’s conclusion that the District Court’s recommendation to the parole board, that Holt be required to register as a sexual offender if granted parole, is legal. Opinion, ¶¶ 18-19.1 also concur with the Court’s conclusion that the Level 3 sexual offender designation in Holt’s burglary sentence is illegal. Opinion, ¶¶ 20-21.

¶24 I dissent, however, from the Court’s resolution of Holt’s challenge to the sexual offender treatment condition on his parole eligibility. Opinion, ¶¶ 10-17. Holt challenges this condition as illegal; and for the reasons discussed below, I…

2Cases cited42 opinions

  1. State v. LenihanMontana Supreme Court · 1979
  2. State v. KotwickiMontana Supreme Court · 2007
  3. State v. AshbyMontana Supreme Court · 2008
  4. Stanley v. LemireMontana Supreme Court · 2006
  5. State v. WestMontana Supreme Court · 2008

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