State v. Stiffarm

¶1 Gerald Stiffarm (Stiffarm) appeals the Twelfth Judicial District Court’s order revoking his suspended sentence because the State filed the petition to revoke prior to the beginning of that sentence. We reverse and remand.

ISSUE

¶2 A restatement of the issue on appeal is whether the District Court exceeded its statutory authority, in violation of § 46-18-203(2), MCA, when it considered, and granted, the State’s petition to revoke Stiffarm’s suspended sentence that was filed before the period of suspension had begun.

FACTUAL AND PROCEDURAL BACKGROUND

¶3 The material facts are not disputed. On…