Submitted on Briefs: October 30, 2013
APPEAL FROM: District Court of the Twenty-First Judicial District, In and For the County of Ravalli, Cause No. DC 10-58 Honorable Jeffrey H. Langton, Presiding Judge.
For Appellant: Julie Brown, Montana Legal Justice, PLLC; Missoula, Montana
For Appellee: Timothy C. Fox, Montana Attorney General, Pamela P. Collins, Assistant Attorney General; Helena, Montana, William E. Fulbright, Ravalli County Attorney, Thorin Geist, Deputy Ravalli County Attorney; Hamilton, Montana
Michael E Wheat Justice
¶1 Victor Gaylen Sebastian (Sebastian) appeals from the Order of the Montana Twenty- First Judicial District Court, Ravalli County, revoking his suspended sentence, committing him to the custody of the Department of Corrections and recommending he be screened for the most intensive chemical dependency treatment program available. We affirm.
¶2 We address the following issue:
Did the District Court abuse its discretion by denying Sebastian's motion to continue the revocation hearing when the evidence against him had not been fully disclosed, violating his right to due process?
FACTUAL AND PROCEDURAL BACKGROUND
¶3 In 2011, Sebastian was found guilty of felony burglary and misdemeanor criminal mischief, for breaking into a church. He was committed to the supervision of the Department of Corrections for five years, all suspended, to run concurrently with a six-month suspended sentence related to another offense; and placed under the rules and regulations of the Adult Probation and Parole Bureau. The conditions of his probation included the following:
(i) The Defendant must comply with all municipal, county, state, and federal laws and ordinances, and conduct himself/herself as a good citizen . . .
(j) The Defendant is prohibited from using or possessing alcoholic beverages and illegal drugs . . .
(dd) The Defendant will not knowingly associate with probationers, parolees, ...