State v. F. Day

Justice Jim Rice delivered the Opinion of the Court.

¶ 1 Frederick Day (Day) appeals from the sentence imposed by the Eighth Judicial District Court, Cascade County, committing him to the Department of Corrections (DOC) while also ordering that he could not be released from incarceration until he had completed sexual offender treatment. We reverse and remand for resentencing, addressing the following issue:

Did the District Court err by imposing a restriction upon Day's release from incarceration while committing him to the DOC?

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 The Great Falls Police…