State v. Lambert

¶ 1 Robert Lambert (Lambert) was resentenced in August2007 by the Twenty-First Judicial District Court, Ravalli County, following an order from this Court in November 2006, which declared a portion of Lambert’s prior sentence from the Sentence Review Division (SRD) illegal and remanded for resentencing. Pursuant to our grant of Lambert’s motion for an out-of-time appeal, he appeals the District Court’s 2007 sentence. We affirm.

¶2 We address the following issue: Did the District Court err by-imposing a new sentence upon remand from this Court instead of simply striking the illegal portion of…