State v. Kodiak Quesnel

Summary

The Montana Supreme Court reviewed Kodiak Quesnel’s appeal from the revocation of his suspended sentence and his fifteen-year commitment to the Montana Department of Corrections. The Court held that the sentencing court had authority to impose the fifteen-year commitment without suspension because Quesnel was prosecuted in district court under the youth-transfer statute. However, it held that the court lacked authority to condition parole eligibility on completion of sex offender treatment, reversed that restriction, and remanded.

Holdings

1. Yes. Section 46-18-201(3)(d)(ii), MCA (2001), applied to Quesnel because he appeared in district court pursuant to § 41-5-206, MCA, and was found guilty of an enumerated offense. That provision did not require the District Court to suspend all but the first five years of the commitment.
2. No. The District Court lacked statutory authority to condition Quesnel's parole eligibility on completion of sex offender treatment under the sentence imposed.
3. No. Quesnel was properly before the District Court because the statutory hearing was repeatedly continued at the request of both parties and was ultimately waived by Quesnel on the record.

Questions Presented

1. Whether the District Court had authority under the applicable sentencing statutes to impose a fifteen-year commitment to the Department of Corrections with no portion suspended on a youth prosecuted in district court under § 41-5-206, MCA.
2. Whether the District Court had statutory authority to condition Quesnel's eligibility for parole on completion of sex offender treatment.

Disposition

reversed_and_remanded