State v. Montgomery

Rulon, C.J.:

Defendant, Travis Montgomery, challenges the district court’s decision to revoke his probation, requiring him to serve his underlying prison sentence. The primary issue, however, is whether this court should dismiss this appeal as moot since Montgomery has served his entire sentence.

The facts of this case are undisputed. Montgomery entered a guilty plea to a second conviction of possession of a hallucinogenic drug. He was sentenced to 11 months in prison, but placed on probation for 18 months. Ultimately, Montgomery’s probation was revoked. The district court ordered Montgomery to…