Submitted on Briefs: September 19, 2018
FROM: District Court of the Thirteenth Judicial District, In
and For the County of Yellowstone, Cause No. DC 13-0698
Honorable Russell C. Fagg, Presiding Judge
Appellant: Chad Wright, Appellate Defender, Danny Tenenbaum,
Assistant Appellate Defender, Helena, Montana
Appellee: Timothy C. Fox, Montana Attorney General, Madison
L. Mattioli, Assistant Attorney General, Helena, Montana
Scott Twito, Yellowstone County Attorney, Billings, Montana
Jordan Coleman (Coleman) appeals from a sentence imposed by
the Montana Thirteenth Judicial District Court, Yellowstone
County. We address the following issue:
the defendant waive his right to challenge the
constitutionality of a probation condition by failing to
We conclude the defendant waived his as-applied
constitutional challenge and accordingly affirm the District
Court's imposed sentence.
AND PROCEDURAL BACKGROUND
In October 2014, Coleman entered a plea agreement in which he
pleaded guilty to a single count of Sexual Intercourse
Without Consent. A few months later, the District Court
sentenced Coleman, committing him to the Montana State Prison
for thirty years with ten years suspended. The court further
ordered various probation conditions for any period of
community supervision, including Condition Forty-Five, which
provided, "[Coleman] shall not have a cell phone, or
such other technology/device with photo, video, or Internet
capabilities." Coleman did not object to Condition
Forty-Five at or before sentencing. Coleman now appeals the
condition and asks this Court to strike it from his sentence.
We review criminal sentences for legality-that is, whether
the sentence is within statutory parameters. State v.
Cleveland, 2014 MT 305, ¶ 10, 377 Mont. 97, 338
P.3d 606 (citing State v. Montoya, 1999 MT 180,
¶ 15, 295 Mont. 288, 983 P.2d 937); State v.
Lenihan, 184 Mont. 338, 342-43, 602 P.2d 997, 999-1000
Coleman argues that Condition Forty-Five is illegal because
it is an overly-broad restriction on his First Amendment
freedom of speech. Because Coleman did not present this
argument to the District Court, however, we ...