State v. Weinberger

Summary

The Montana Supreme Court held that a sentencing condition banishing Arrow Weinberger from Roosevelt County was illegal because it did not reasonably relate to rehabilitation or protection of the victim and society. The court reversed and remanded for resentencing without the improper banishment provision.

Holdings

1. A banishment condition in a criminal sentence is illegal unless it reasonably relates to the objectives of rehabilitation and protection of the victim and society; the condition imposed on Weinberger was improper and had to be removed.

Questions Presented

1. Whether the District Court's criminal-sentencing condition prohibiting Weinberger from being in Roosevelt County without court or sheriff permission constituted illegal banishment.

Disposition

reversed_and_remanded