State v. LeDeau, 2009 MT 276

Summary

The Supreme Court of Montana affirmed the revocation of Adam LeDeau’s suspended sentence following violations of parole conditions. The court declined to review his double-jeopardy claim, raised for the first time on appeal, and held that the district court had statutory authority to revoke the suspended sentence before LeDeau began serving it.

Holdings

1. The Court declined to conduct a complete review of LeDeau's double-jeopardy claim because discretionary plain-error review was not warranted; failure to review the claim would not result in a manifest miscarriage of justice, unsettle fundamental fairness, or compromise the integrity of the judicial process.
2. A district court has statutory authority to revoke a suspended sentence before the defendant actually begins serving the suspended portion of the sentence.

Questions Presented

1. Whether revoking both LeDeau's parole and his suspended sentence based on the same conduct violated the constitutional protection against double jeopardy.
2. Whether the district court had statutory authority to revoke LeDeau's suspended sentence before he began serving the suspended portion.

Disposition

affirmed