State v. Striplin

Summary

The Supreme Court of Montana reviewed the revocation of Gail Lena Striplin’s suspended sentences for failure to pay restitution. The court affirmed the revocation because Striplin did not pay the Department of Corrections or verify payment to the credit card companies. It reversed and remanded the thirty-day jail condition, holding that the sentencing court lacked authority to impose that additional, more burdensome condition under the applicable statute.

Holdings

1. The District Court did not abuse its discretion in revoking Striplin's suspended sentences because she failed to make the required restitution payments or take the required steps to determine whether the credit-card companies had been paid.
2. The District Court lacked authority under the version of § 46-18-203(7)(a)(iii), MCA, in effect when Striplin committed the offenses to impose a thirty-day jail term as an additional, more burdensome condition after revoking her suspended sentence.

Questions Presented

1. Whether the District Court abused its discretion by revoking Striplin's suspended sentence based on her failure to pay restitution.
2. Whether the District Court had authority to impose a thirty-day jail term as a condition after revoking Striplin's suspended sentence.

Disposition

reversed_and_remanded