Summary
The Montana Supreme Court affirmed the District Court's decision upholding the revocation and resentencing of Pamela Jo Polejewski's suspended sentence. The Court held that any statutory defect in the 2006 resentencing was not preserved for review, while the 2009 sentence was legal and did not exceed the original term of imprisonment. The opinion was issued as a noncitable memorandum decision.
Topics
Practice areas
Questions Presented
- Whether Polejewski could obtain appellate review of the unappealed December 2006 resentencing as an allegedly illegal sentence.
- Whether the January 2009 resentencing was unlawful because the December 2006 sentence had imposed consecutive terms exceeding the original sentencing structure.
- Whether the District Court correctly affirmed the revocation and January 2009 resentencing.
Holdings
- An allegedly objectionable sentence that was never appealed does not invoke the Lenihan exception for appellate review of an illegal or statutorily excessive sentence.
- The January 2009 sentence was legal and within statutory parameters because it totaled 23 months, which was less than the five-year term originally imposed in January 2006.
Key quotations
“We generally refuse to review on appeal an issue to which the party failed to object at the trial court.” (¶ 8)
“Moreover, the sentence imposed in January 2009 is legal and within statutory parameters.” (¶ 9)
Factual background
Polejewski pleaded guilty to nine counts of misdemeanor failure to vaccinate animals, nine counts of misdemeanor failure to have license tags, and one count of cruelty to animals. The Justice Court initially imposed a five-year suspended sentence with animal-ownership and animal-care conditions. After two violations, the court imposed a January 2009 resentencing totaling 23 months, with all sentences running consecutively, and the District Court affirmed.
Procedural history
Polejewski pleaded guilty in Justice Court to misdemeanor animal-related offenses and received a five-year suspended sentence. After violating the conditions twice, the Justice Court revoked and resentenced her in December 2006 and again in January 2009. The District Court affirmed the legality of the January 2009 sentence, and the Montana Supreme Court affirmed.