State v. Roundstone
2011 MT 227
| Mont. | 2011Background
- Roundstone, convicted of assault with a weapon in 2006, sentenced to a five-year DOC commitment and placed at MSP.
- In July 2007 he began prerelease at the Helena Pre-Release Center (HPRC) under Board-imposed conditions, including employment and reporting requirements.
- He was granted a ten-day furlough in September 2007 to Hardin to obtain employment; he signed rules acknowledging that fleeing or failing to return could be felonious escape.
- Roundstone reported on the first day but did not report thereafter; arrest proceedings were initiated in October 2007 and he was apprehended in November 2007.
- The State charged him with felony escape under § 45-7-306, MCA, alleging removal from official detention or failure to return following furlough for a specific purpose.
- The District Court dismissed the failure-to-report-on-furlough charge but denied the escape charge; after a second amended information, he pled guilty and was sentenced to ten years with five suspended.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court erred in denying the motion to dismiss | Roundstone contends no official detention on furlough. | State asserts statutory scope includes furlough as official detention post-amendments. | Court upheld denial; furlough falls within official detention for escape. |
| Is § 45-7-306 void for vagueness as applied | Roundstone argues vagueness and ineffective assistance for not raising it. | State argues statute provides clear notice and role distinctions between furlough/parole. | Plain error/vagueness challenge rejected; no IAC compelled reconsideration. |
| Did the prosecution violate due process by seeking an unusually severe sentence | Roundstone claims vindictiveness for harsher sentence after challenging the charge. | State argues no vindictiveness; comments were not improper prejudicial conduct. | Not vindictive; sentence upheld with proper court discretion. |
Key Cases Cited
- State v. Roberts, 275 Mont. 365 (1996) (defined official detention prior to amendments; furlough context analyzed)
- State v. Romannose, 281 Mont. 84 (1997) (distinguished prerelease center vs. community corrections facility; inmate status on furlough)
- State v. Chandler, 277 Mont. 476 (1996) (prerelease center treated as distinct from community corrections facility)
- State v. Dixon, 299 Mont. 165 (2000) (due process vagueness notice standards clarified)
- G'Stohl, 355 Mont. 43 (2010) (plain notice vs fair notice in vagueness analysis; constitutional standards applied)
- State v. Sather, 564 P.2d 1306 (1977) (due process vindictiveness framework)
- Goodwin, 457 U.S. 368 (1982) (prosecutorial vindictiveness doctrine foundational in due process)
- Wasman v. U.S., 468 U.S. 559 (1984) (presumption of vindictiveness framework for prosecutorial action)