State v. Burch, 342 Mont. 499

Summary

The Montana Supreme Court affirmed the revocation of Kenneth Edward Burch’s suspended sentence for sexual assault based on violations of conditions concerning lawful conduct and pornography. The court held that sentencing judges generally lack authority to impose parole conditions absent specific statutory authorization, but may impose conditions on a suspended sentence and may revoke that sentence before the suspended term begins.

Holdings

1. A sentencing judge may impose only those parole conditions specifically and explicitly authorized by statute; the sentencing statutes do not confer general or residual authority to impose parole conditions.
2. The District Court may revoke a suspended sentence before the defendant actually begins serving the suspended portion, and it did not abuse its discretion in revoking Burch's sentence.

Questions Presented

1. Whether a sentencing judge has general or residual statutory authority to impose conditions on a defendant's parole.
2. Whether the District Court had authority to revoke Burch's suspended sentence before he began serving the suspended portion of the sentence.

Disposition

affirmed