State v. Olivares-Coster
259 P.3d 760
Mont.2011Background
- Olivares-Coster was 17 at the time of charged crimes: Deliberate Homicide and two counts of Attempted Deliberate Homicide.
- He pled guilty on November 19, 2009; the State deferred parole-position arguments to the District Court.
- At sentencing (April 2, 2010), the District Court imposed three life sentences with no explicit parole restrictions, but stated he would be parole eligible in 60 years.
- The written Judgment later read: the defendant shall be parole eligible after sixty (60) years of incarceration.
- The District Court explained the 60-year term to reflect youth and rehabilitation considerations; this contradicted the oral pronouncement.
- Olivares-Coster appealed, challenging the 60-year parole restriction as unsupported by statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a 60-year parole-eligibility restriction is authorized by statute | Olivares-Coster contends §46-18-222(1) overrides §46-23-201(4) and forbids automatic 60-year restriction. | District Court believed §46-23-201(4) imposes a 30-year parole restriction for life sentences, applicable here. | The 60-year restriction is illegal; specific statute §46-18-222(1) controls and prevents automatic 60-year restriction; remand to strike the restriction. |
Key Cases Cited
- State v. Hicks, 331 Mont. 471 (2006 MT 71) (court constrained by statutory authority in sentencing)
- State v. Burch, 182 P.3d 66 (2008 MT 118) (requires statutory authorization for sentencing power)
- State v. Brendal, 213 P.3d 448 (2009 MT 236) (specific statute controls when general and specific conflict)
- State v. Heafner, 231 P.3d 1087 (2010 MT 87) (remand to strike illegal sentence provisions when correctable)
- State v. Petersen, 247 P.3d 731 (2011 MT 22) (remand to strike unlawful sentence components)
- State v. Guill, 248 P.3d 826 (2011 MT 32) (remand for correction of restitution amount when enforceable later)
- State v. Duncan, 183 P.3d 111 (2008 MT 148) (oral pronouncements control over written judgments)
- State v. Holt, 249 P.3d 470 (2011 MT 42) (statutory interpretation on parole eligibility and authority)
- State v. Lenihan, 602 P.2d 997 (1979 MT ) (appellate review of illegal sentences despite no objection)