Submitted on Briefs: September 27, 2017
From District Court of the First Judicial District, In and
For the County of Lewis and Clark, Cause No. ADC 2007-08
Honorable Mike Menahan, Presiding Judge
Appellant: Chad M. Wright, Chief Appellate Defender, James
Reavis, Assistant Appellate Defender, Helena, Montana.
Appellee: Timothy C. Fox, Montana Attorney General, Mardell
Ployhar, Assistant Attorney General, Helena, Montana Leo
Gallagher, Lewis and Clark County Attorney, Lisa Leckie,
Deputy County Attorney, Helena, Montana.
McGrath Chief Justice.
Jamie Michelle Koon appeals from the District Court's
Order on Defendant's Motion to Dismiss dated April 9,
2015. We affirm and remand for correction of the sentence.
We restate the issues on appeal as follows:
Issue One: Whether the District Court erred in dismissing
Koon's motion to dismiss the petition to revoke her
suspended sentence on the ground that there had been a
four-year delay in executing the arrest warrant.
Issue Two: Whether the District Court's written
judgment should be amended to conform to the oral
pronouncement of sentence.
AND PROCEDURAL BACKGROUND
On February 21, 2007, Koon pleaded guilty to felony issuing a
bad check in violation of §§ 45-6-316 and 45-2-101,
MCA. The District Court in Lewis and Clark County sentenced
her to four years in prison with all but thirty days
suspended. That sentence was to run consecutively to a
sentence Koon was then serving in Colorado, and was subject
to conditions including supervision by the Montana Department
of Corrections and payment of restitution. She was extradited
On April 13, 2009, the State filed a petition to revoke
Koon's suspended sentence. A supporting affidavit from a
probation officer stated that Koon had discharged her
Colorado sentence on October 16, 2008, but had not
communicated with her supervising probation officer in
Montana. Koon's whereabouts were unknown to Montana
authorities, and on April 14, 2009, the District Court issued
a "Montana only" warrant for her
Koon was convicted of another offense in Colorado in 2009 and
spent the next four years dealing with her new sentence
there, being paroled and revoked several times. In June 2009
Koon wrote a letter to the Clerk of the District Court in
Lewis and Clark County asking to be returned to Montana to
serve her 2007 sentence. Nothing occurred as a result of that
letter, and Koon discharged her Colorado sentences on April
Koon returned to Montana at some point and on November 11,
2013, was stopped for a traffic violation in Fort Benton. She
was arrested on the April 2009 "Montana only"
warrant. On November 14, 2013, Koon appeared on the April
2009 petition to revoke her Montana 2007 suspended sentence.
She was released on her own recognizance and ordered to
report to her probation officer.
Koon moved to dismiss the petition to revoke the 2007
suspended sentence, contending that the State failed to bring
her to court without unnecessary delay in violation of her
right to due process.
The District Court denied Koon's motion to dismiss,
holding that the requirement of § 46-18-203(4), MCA,
that an arrested offender must be brought before a judge
"without unnecessary delay" applies to the
offender's initial appearance after arrest, citing
State v. Edmundson, 2014 MT 12, 373 Mont. 338, 317
P.3d 169. The District Court determined that Koon's
appearance in court within three days of her November 2013
arrest satisfied the statute. The District Court further
concluded that there is no statutory requirement that an
arrest warrant be served without unnecessary delay on an
offender who is incarcerated in another state.
Koon also argued that issuing a "Montana only"
arrest warrant while she was incarcerated in Colorado
violated her due process rights. She contended that after she
served her Colorado sentence she could no longer ask the
Montana court to set her sentence in this State to run
concurrently with her sentence in Colorado. In addition, she
alleged that she had a "failing memory, " making it
difficult for her to recall past events. The District Court
applied State v. West, 2008 MT 338, 346 Mont. 244,
194 P.3d 683 to determine whether there was a violation of
due process. As provided in West, the District Court
examined the "totality of the circumstances."
The court considered the four-year time between the 2009
arrest warrant and Koon's arrest in 2013; the fact that
her location was unknown when the warrant was issued; and the
fact that Koon was subsequently arrested and ...