Submitted on Briefs: January 31, 2018
FROM: District Court of the Eighth Judicial District, In and
For the County of Cascade, Cause No. ADC 09-387 Honorable
Gregory G. Pinski, Presiding Judge
Appellant: Chad Wright, Appellate Defender, Koan Mercer,
Assistant Appellate Defender, Helena, Montana
Appellee: Timothy C. Fox, Montana Attorney General, Mardell
Ployhar, Assistant Attorney General, Helena, Montana, Joshua
A. Racki, Cascade County Attorney, Kory Larsen, Deputy County
Attorney, Great Falls, Montana
M. SANDEFUR JUDGE.
Willard Youpee (Youpee) appeals from an order of the Montana
Eighth Judicial District Court, Cascade County, revoking his
suspended sentence and committing him to the Department of
Corrections for ten years for commitment to an appropriate
correctional facility or program. We affirm in part, reverse
in part, and remand for entry of a corrected judgment.
Youpee raises three issues on appeal:
1. Did the District Court erroneously fail to specify
whether Youpee's new sentence on revocation would run
concurrently with his federal sentence?
2. Did the District Court erroneously fail to grant
Youpee credit for time served in federal custody on his
concurrent federal sentence?
3. Did the District Court erroneously fail to state its
rationale for denying Youpee credit for street time?
AND PROCEDURAL BACKGROUND
In 1978, Youpee was convicted of murder in federal court and
sentenced to life in federal prison. In 2009, while on
federal parole, Youpee committed the offense of Robbery, a
felony, in violation of § 45-5-401, MCA. In 2010, the
District Court sentenced him to a fifteen-year commitment to
the Montana Department of Corrections with ten years
suspended and 163 days of credit for time served. The
judgment expressly provided that the sentence would run
concurrently with any other sentence Youpee was then serving.
After discharging the unsuspended portion of his state
sentence, Youpee was transferred to federal prison for 845
days until he was released on federal parole and concurrent
state probation in 2015. In September 2016, the District
Court revoked Youpee's suspended state sentence due to
probation violations and resentenced him to serve a ten-year
commitment to the Department of Corrections for placement in
an appropriate correctional facility or program. The
court's oral and written sentencing orders were silent as
to whether the new sentence on revocation ran concurrently or
consecutively with Youpee's federal sentence.
We review a criminal sentence de novo for legality and
compliance with statutory mandates. State v. Seals,
2007 MT 71, ¶ 7, 336 Mont. 416, 156 P.3d 15; State