Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Youpee

Supreme Court of Montana

May 1, 2018

STATE OF MONTANA, Plaintiff and Appellee,
v.
WILLARD DEAN YOUPEE, Defendant and Appellant.

          Submitted on Briefs: January 31, 2018

          APPEAL 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

          For Appellant: Chad Wright, Appellate Defender, Koan Mercer, Assistant Appellate Defender, Helena, Montana

          For 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

          OPINION

          DIRK M. SANDEFUR JUDGE.

         ¶1 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.

         ¶2 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?

         FACTUAL AND PROCEDURAL BACKGROUND

         ¶3 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.

         STANDARD OF REVIEW

         ¶4 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 v. ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.