State v. Woods
2012 MT 11N
Mont.2012Background
- Woods pled guilty to Incest after a six-year pattern of sexual contact with an underage relative.
- The plea agreement contemplated a 40-year total sentence with 15 years suspended, accepted August 17, 2010.
- Oral sentencing imposed 40 years with 15 years suspended, and parole eligibility conditioned on completion of treatment phases.
- The district court stated the 25-year ineligibility for parole reflected the mandatory minimum and did not apply any §46-18-222(6) exceptions.
- The written judgment (January 7, 2011) did not address parole; the State moved to amend to specify 25-year parole ineligibility, which the court granted.
- Woods objected, and the district court issued an amended written judgment February 15, 2011, denying §46-18-222(6) exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the written judgment conformed to the oral sentence on parole | State contends the parole restriction reflected the sentencing plan and mandatory minimum. | Woods argues the written judgment added parole terms not contemplated orally, altering liberty. | Conformed; no substantive increase in liberty; proper to amend. |
| Whether the amended written judgment substantively increased Woods' loss of liberty | State maintains amendment codified the mandatory minimum/plea terms. | Woods asserts the amendment impermissibly expanded confinement beyond oral pronouncement. | No substantive increase in loss of liberty. |
| Whether Woods had opportunity to object to the amendment | State notes Woods was given notice and opportunity to respond at sentencing and in briefing. | Woods argues insufficient notice or opportunity to challenge the amendment. | Woods had ample opportunity to object; proper proceedings followed. |
Key Cases Cited
- State v. Olivares-Coster, 361 Mont. 380 (2011 Mont.) (oral sentence is binding; written judgment is evidence)
- State v. Johnson, 302 Mont. 265 (2000 Mont.) (nonconforming written judgments reviewed for notice and liberty impact)
- State v. Lane, 288 Mont. 286 (1998 Mont.) (procedure for conformance of written judgments to oral pronouncement)