Gilbert v. State

¶1 Appellant Roger Gilbert pled guilty to and was sentenced for negligent arson and burglary in the Second Judicial District Court, Silver Bow County. Gilbert subsequently filed a petition for postconviction rebef. The petition challenged the legality of the District Court’s retention of jurisdiction for purposes of parole and a restitution provision in the sentence. The District Court denied Gilbert’s petition and Gilbert appeals. We reverse and remand.

¶2 We address the following issues on appeal:

¶3 1. Did the District Court err when it retained jurisdiction to revisit Gilbert’s parole…