State v. Richard Gillingham

¶1 Richard Gillingham appeals from a judgment in the Fourth Judicial District, Missoula County, revoking his suspended sentences and sentencing him to serve forty-five years at Montana State Prison.

¶2 We determine that the following two issues are dispositive of this appeal:

¶3 1. Did the District Court err in revoking Gillingham’s suspended sentences because he refused to sign a document in which he waived extradition from Canada, when the judgment suspending his sentence did not contain such a requirement?

¶4 2. Did the State present sufficient evidence at the hearing to revoke Gillingham’s…