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State v. Filler

Supreme Court of Montana

December 30, 2014

STATE OF MONTANA, Plaintiff and Appellee,
v.
JAMES FILLER, Defendant and Appellant.

Argued: June 25, 2014

Submitted: July 2, 2014

Amended: February 10, 2015

APPEAL FROM: District Court of the Thirteenth Judicial District, In and For the County of Yellowstone, Cause No. DC 88-145 Honorable Gregory R. Todd, Presiding Judge

For Appellant: Filed: Wade Zolynski, Chief Appellate Defender, Kristen L. Larson (argued), Assistant Appellate Defender; Helena, Montana

For Appellee: Timothy C. Fox, Montana Attorney General, Tammy A. Hinderman (argued), Assistant Attorney General; Helena, Montana Scott Twito, Yellowstone County Attorney; Ingrid Rosenquist, Deputy County Attorney; Billings, Montana

James Jeremiah Shea, Justice

¶1 James Piller appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, which upon revoking Piller's suspended sentence for his 1988 conviction for sexual intercourse without consent, resentenced Piller to ten years at Montana State Prison (MSP) with five years suspended, and imposed 14 new conditions on his suspended sentence. We affirm.

¶2 The sole issue on appeal is whether the District Court's imposition of 14 new conditions on Piller's suspended sentence violates ex post facto principles.[1]

PROCEDURAL AND FACTUAL BACKGROUND

¶3 In 1988, James Piller was charged by information for sodomizing a three-year-old girl whom he was babysitting. Piller pled guilty to sexual intercourse without consent, a felony. The District Court sentenced Piller to 30 years at MSP with ten years suspended.

¶4 Piller escaped from MSP on June 11, 1992, and was apprehended the same day. He was charged with escape, intimidation, and possession of a weapon by a prisoner. The Third Judicial District Court, Powell County, sentenced Piller to ten years for each count, to run concurrent with each other.

¶5 Piller did not complete sex offender treatment while incarcerated at MSP. In April and June of 2007, probation officer John Boyd made several requests to the county attorney to amend Piller's conditions of probation because he considered Piller an "untreated sex offender." On April 21, 2007, Piller was discharged to serve the suspended portion of his sentence. The conditions for his suspended sentence were based on the original 1988 sentencing as follows:

1. The defendant shall not frequent any place where intoxicating liquor or beer is the chief item of sale nor shall he use intoxicants or beer; nor shall he purchase, use, possess, give, sell or administer any narcotic or dangerous drugs or have in his possession same without proper prescription by a doctor.
2. The defendant shall not enter into any game of chance nor shall defendant frequent any place where gambling may be taking place.
3. The defendant shall conduct himself in a law abiding manner and shall not violate any law of the United States or of the State of Montana or any other State, or the ordinance of any city or town of this State or other State during the said term.
4. The defendant shall maintain as steady employment as possible [during] said term, and he shall to the best of his ability fully and completely contribute to the support of his family.
5. The defendant is placed under the supervision and control of the Adult Probation and Parole Field Services and is to abide ...

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