403 P.3d 670
Mont.2017Background
- In March 2015 Kerstyn Old Bull and her boyfriend Clint Hogan brought Hogan’s unresponsive 6-year-old daughter (K.H.) to the hospital; K.H. later died of blunt force trauma and showed signs of habitual abuse.
- Old Bull initially told police K.H. fell in the shower, then admitted giving false information about Hogan’s involvement because she was afraid.
- The State originally charged deliberate homicide; under a plea agreement Old Bull pled guilty to criminal endangerment and obstructing justice.
- The District Court sentenced Old Bull to 10 years for criminal endangerment (parole restricted entire term) and 10 years for obstructing justice (parole restricted 7.5 years), to run consecutively; judgment also required violent offender registration.
- Old Bull appealed the parole-eligibility restriction on the obstructing justice sentence and the violent-offender-registration requirement.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Old Bull) | Held |
|---|---|---|---|
| Whether parole-eligibility restriction on obstructing-justice sentence was legal | Restriction lawful; court provided reasons and acted within statutory authority to limit parole | Restriction illegal: disparate from co-defendant, court failed to state reasons specifically for that count, and restriction based on conduct tied to the other conviction | Affirmed: restriction legal and within statutory authority; objections mostly unpreserved |
| Whether requirement to register as a violent offender was lawful | (State conceded) condition improper because offenses aren’t among statutorily enumerated violent offenses | Registration illegal—neither convicted crime is a listed violent offense | Remanded to strike the violent-offender registration requirement |
Key Cases Cited
- State v. Ariegwe, 167 P.3d 815 (Mont. 2007) (standard for reviewing legality of sentencing restrictions)
- State v. Heddings, 198 P.3d 242 (Mont. 2008) (definition of illegal sentencing condition and authority to restrict parole)
- State v. Lenihan, 602 P.2d 997 (Mont. 1979) (Lenihan exception: appellate review of allegedly illegal sentences even if not preserved)
- State v. Rowe, 217 P.3d 471 (Mont. 2009) (violent-offender registration determined by statute; court lacks authority to impose registration for non-enumerated crimes)