State v. Lamere

Summary

The Montana Supreme Court affirmed the denial of Paul D. Lamere’s motions for additional credit for time served and to remove conditions from his burglary sentence. The court held that Lamere was not entitled to credit for electronic monitoring or time associated with a separate Cascade County proceeding, and that the remaining sex-offender-related conditions were sufficiently connected to the offense and supported by the plea agreement and sentencing record. The court designated the decision as a noncitable memorandum opinion.

Holdings

1. Lamere was not entitled to strike the additional conditions of his sentence because he failed to challenge them on direct appeal, agreed in his written plea agreement to complete sex-offender treatment, and the conditions had a sufficient nexus to the burglary offense and to Lamere.
2. Lamere was not entitled to credit against his prison sentence for time spent on electronic monitoring while released on bond before sentencing.
3. Lamere was not entitled to additional credit for incarceration attributable to the Cascade County theft-related probation-revocation proceeding because that credit had to be addressed in that proceeding and he provided no evidence or legal authority establishing entitlement.

Questions Presented

1. Whether Lamere could obtain removal of additional conditions of his sentence after failing to challenge those conditions on direct appeal and having agreed in his plea agreement to complete sex-offender treatment.
2. Whether Lamere was entitled to credit against his prison sentence for time spent on electronic monitoring or home arrest while released on bond before sentencing.
3. Whether Lamere was entitled to credit for incarceration attributable to the separate Cascade County theft-related probation-revocation proceeding.

Disposition

affirmed