State of Montana v. Ryan Scott James Price

State v. Price, 2008 MT 319 (2008) · Supreme Court of Montana · September 12, 2008 · No. DA 07-0482

Summary

The Supreme Court of Montana reviewed the revocation of Ryan Scott James Price’s suspended sentence for probation violations. The court held that the District Court did not abuse its discretion in finding that Price did not suffer from a mental disease or defect and revoking his sentence. The court also held that the District Court adequately considered alternatives to incarceration and affirmed the judgment.

Holdings

  1. The District Court did not abuse its discretion in finding that Price did not suffer from a mental illness and revoking his suspended sentence.
  2. The District Court did not violate due process because it necessarily considered alternatives to incarceration when it determined that Price posed a risk to any community in which he resided and that incarceration was the only adequate option.

Questions Presented

  1. Whether the District Court abused its discretion by revoking Price's suspended sentence after finding that he did not suffer from a mental illness.
  2. Whether the District Court violated due process by failing to consider alternatives to incarceration before revoking Price's suspended sentence.

Disposition

affirmed

Cases Cited (6)

  • State v. Price, 2002 MT 229, 311 Mont. 439, 57 P.3d 42(followed)
  • State v. Price, 2005 MT 79N, 110 P.3d 1057 (Table)(followed)
  • State v. Boulton, 2006 MT 170, 332 Mont. 538, 140 P.3d 482(followed)
  • State v. Shockley, 2001 MT 180, 306 Mont. 196, 31 P.3d 350(followed)
  • State v. Sanchez, 2008 MT 27, 341 Mont. 240, 177 P.3d 444(followed)
  • State v. Lee, 2001 MT 176, 306 Mont. 173, 31 P.3d 998(distinguished)

Cited In (0)

No citing cases on record yet.

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