State v. Nelson
Annotate this Case
The Supreme Court affirmed the judgment of the district court imposing a two-year suspended sentence in connection with Defendant’s conviction, holding that the district court correctly determined that Mont. Code Ann. 46-18-201(1)(b) barred it from deferring Defendant’s sentence.
In 2017, Defendant pleaded guilty to felony criminal possession of dangerous drugs. The State and Defendant agreed to jointly recommend a two-year deferred sentence if Defendant was eligible and, if he was not eligible, a two-year suspended sentence. At issue was whether Defendant’s previous conviction in Arizona was a felony under Mont. Code Ann. 46-18-201(1)(b), which provides that a court may not defer an offender’s sentence in a felony case if she was previously convicted of a felony. The district court ultimately concluded that Defendant’s Arizona conviction was a felony that barred her from receiving a deferred sentence and, accordingly, imposed a two-year suspended sentence. The Supreme Court affirmed, holding that the district court correctly determined that section 46-18-201(1)(b) barred it from deferring Defendant’s sentence.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.