State v. J. Koon, 389 Mont. 322

In 2007 Koon pleaded guilty in Montana to felony issuing a bad check and received a 4-year sentence with all but 30 days suspended, conditioned on supervision and restitution; the sentence was ordered consecutive to her then-Colorado sentence.
In April 2009 Montana filed a petition to revoke the suspended sentence and obtained a “Montana only” arrest warrant after Koon’s whereabouts were unknown; she was in Colorado custody for most of the ensuing period.
Koon remained in Colorado custody or supervision through April 2013 (during which she wrote to Montana courts asking to be returned), discharged her Colorado sentence, and later returned to Montana.
In November 2013 Koon was arrested on the 2009 Montana warrant after a traffic stop, released on recognizance, ordered to report to probation, and moved to dismiss the revocation petition for unreasonable delay in executing the warrant.
The District Court denied dismissal after applying the West totality-of-circumstances test, found Koon had violated probation, but imposed the same three-year term and suspended it; Koon appealed both the denial of dismissal and a discrepancy about waiver of supervision fees in the written judgment.

Issue	Koon's Argument	State's Argument	Held
Whether the 4‑year delay in executing the 2009 warrant violated due process and required dismissal of the revocation petition	Delay was unreasonable and deprived Koon of due process (warrant should have been served sooner)	West factors permit looking at totality; delay alone is not dispositive, Colorado custody and interstate logistics justified the lapse	Denial affirmed — applying West, the totality (including Colorado custody, lack of prejudice, and Koon’s conduct) did not show a due-process violation
Whether the written judgment should conform to the oral sentence regarding waiver of supervision fees	Written judgment should reflect oral waiver of supervision fees	State concedes written disposition omitted the waiver in error	Remanded to correct the written disposition to waive supervision fees

State v. West, 346 Mont. 244 (2008) (adopts six-factor, totality-of-circumstances test for unreasonable delay in executing probation-violation warrants)
State v. Edmundson, 373 Mont. 338 (2014) (discusses application of due process protections and timing of initial appearance after arrest)
State v. Kroll, 322 Mont. 294 (2004) (final written disposition must conform to oral pronouncement; appellate review of sentence is for legality)
State v. Graves, 381 Mont. 37 (2015) (discusses flexible nature of due process and fundamental fairness)
County of Sacramento v. Lewis, 523 U.S. 833 (1998) (due process is context-dependent; what is unfair in one setting may not be in another)
State v. Maynard, 356 Mont. 333 (2010) (probation is a conditional privilege granted by the State)
State v. Haagenson, 356 Mont. 177 (2010) (discusses probation conditions and the State’s authority)