State v. Olivares-Coster

2011 MT 196, 259 P.3d 760, 361 Mont. 380, 2011 Mont. LEXIS 237
CourtMontana Supreme Court
DecidedAugust 16, 2011
DocketDA 10-0429
StatusPublished
Cited by10 cases

This text of 2011 MT 196 (State v. Olivares-Coster) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Olivares-Coster, 2011 MT 196, 259 P.3d 760, 361 Mont. 380, 2011 Mont. LEXIS 237 (Mo. 2011).

Opinions

CHIEF JUSTICE McGRATH

delivered the Opinion of the Court.

¶1 Sebastian Olivares-Coster appeals from a sentence imposed by the District Court, First Judicial District, Lewis and Clark County. We affirm in part, reverse in part and remand for further proceedings.

ISSUE

¶2 The issue on appeal is whether the District Court erred when it concluded that State law imposes a 60-year restriction on Olivares-Coster’s parole eligibility.

BACKGROUND

¶3 On June 4, 2009, Olivares-Coster was charged with one count of Deliberate Homicide, § 45-5~102(l)(a), MCA, and two counts of Attempted Deliberate Homicide, §§ 45-5-102(l)(a) and 45-4-103(1), MCA. He was seventeen years old at the time of the alleged offenses. On November 19, 2009, represented by counsel, Olivares-Coster pled guilty to all counts. As part of the plea agreement, the State agreed to refrain from taking any position regarding Olivares-Coster’s parole eligibility, leaving that issue to the discretion of the District Court.

¶4 A sentencing hearing was held on April 2,2010. At the close of the hearing, the District Court pronounced three life-sentences on Olivares-Coster, one for each count. The two life-sentences for the attempted deliberate homicide counts were to run concurrent with each other but consecutive to the life-sentence for the deliberate homicide count. The District Court did not impose any parole restrictions, but concluded “Defendant will be parole eligible in 60 years, if my math is correct.” Later, the District Court explained, “the reason why I’m not restricting his parole eligibility, first of all, 60 years [382]*382down the road is a long time.” She further stated, “I’m considering his youth, the fact that he was under the age of 18 ... I also believe that having parole eligibility in the future will facilitate any possible rehabilitation that he could have .... Just knowing that there’s a light at the end of the tunnel, that will give him hope, and that will make him a better prison inmate.”

¶5 On July 16, 2010, the District Court issued a written Judgment and Commitment. The Judgment provided that the “defendant shall be parole eligible after sixty (60) years of incarceration.” Additionally, the Judgment reconfirmed that Olivares-Coster would not receive a discretionary restriction on parole eligibility “in light of the defendant’s youth, to facilitate his rehabilitation and to help effect positive conduct by him in prison.” Olivares-Coster filed a timely appeal.

STANDARD OF REVIEW

¶6 “Where a defendant was sentenced to more than one year of actual incarceration, and therefore is eligible for sentence review, we review the sentence for legality only.” State v. Bullplume, 2011 MT 40, ¶ 10, 359 Mont. 289, 251 P.3d 114.

DISCUSSION

¶7 Whether the District Court erred when it concluded that State law imposes a 60-year restriction on Olivares-Coster’s parole eligibility .

¶8 Olivares-Coster asserts that the District Court incorrectly concluded that his parole eligibility would automatically be restricted for 60 years, because such a restriction is precluded by § 46-18-222(1), MCA. He concedes no objection was raised at the trial level, but asserts that this Court can review his claim under State v. Lenihan, 184 Mont. 338, 602 P.2d 997 (1979). Under Lenihan, an appellate court may “review any sentence imposed in a criminal case, if it is alleged that such sentence is illegal or exceeds statutory mandates, even if no objection is made at the time of sentencing.” Lenihan, 184 Mont, at 343, 602 P.2d at 1000; accord State v. Holt, 2011 MT 42, ¶ 35, 359 Mont. 308, 249 P.3d 470. The State agrees that Lenihan applies here. We will review Olivares-Coster’s claim despite his failure to raise it at sentencing.

¶9 At the outset, the District Court’s oral pronouncement of sentence is inconsistent with the written Judgment and Commitment. At sentencing, the District Court did not orally impose a 60-year restriction on Olivares-Coster’s parole eligibility. Rather, the District Court presumed that such a restriction automatically applied. [383]*383Probation Officer Lori Moore had testified at the sentencing hearing that if the District Court imposed a life-sentence without any discretionary parole restriction, Olivares-Coster would be eligible for parole in 30 years. Moore’s testimony was premised on § 46-23-201(4), MCA, which provides, “[a] prisoner serving a life sentence may not be paroled under this section until the prisoner has served 30 years.” The District Court, after discussing whether the sentences on the three counts were to be consecutive or concurrent, concluded, “and the result of that is the Defendant will be parole eligible in 60 years, if my math is correct.” The District Court later explained, “the reason why I’m not restricting his parole eligibility, first of all, 60 years down the road is a long time.”

¶10 In conflict, the District Court’s written Judgment and Commitment explicitly states, “defendant shall be parole eligible after sixty (60) years of incarceration.” Where there is a discrepancy between the oral pronouncement of sentence and the written judgment, the oral pronouncement controls. State v. Duncan, 2008 MT 148, ¶ 51, 343 Mont. 220, 183 P.3d 111; State v. Rennaker, 2007 MT 10, ¶ 48, 335 Mont. 274, 150 P.3d 960. Thus, the District Court’s oral pronouncement of sentence controls in this case.

¶11 The issue here is whether the District Court correctly concluded that Olivares-Coster’s parole would be automatically restricted for 60 years. A district court’s sentencing authority is constrained by statute. State v. Hicks, 2006 MT 71, ¶ 41, 331 Mont. 471, 133 P.3d 206. A district court does “not have the power to impose a sentence unless authorized by a specific grant of statutory authority.” State v. Burch, 2008 MT 118, ¶ 23, 342 Mont. 499, 182 P.3d 66.

¶12 The District Court concluded that § 46-23-201(4), MCA, automatically restricted Olivares-Coster’s parole. However, as Olivares-Coster points out, § 46-23-201(4), MCA, conflicts with § 46-18-222(1), MCA. That section provides:

Exceptions to mandatory minimum sentences, restrictions on deferred imposition and suspended execution of sentence, and restrictions on parole eligibility. Mandatory minimum sentences prescribed by the laws of this state, mandatory life sentences prescribed by 46-18-219, the restrictions on deferred imposition and suspended execution of sentence prescribed by 46-18-201(l)(b), 46-18-205,46-18-221(3), 46-18-224, and 46-18-502(3), and restrictions on parole eligibility do not apply if:
(1) the offender was less than 18 years of age at the time of the [384]*384commission of the offense for which the offender is to be sentenced!.]

(Emphasis added.) Olivares-Coster was 17 years old at the time he committed the offenses. Section 46-23-201(4), MCA, constitutes a restriction on parole eligibility. As applied to juveniles, the statutes conflict. Section 46-23-201(4), MCA, generally applies a 30-year restriction on parole eligibility for a life sentence, but § 46-18-222(1), MCA, denies the application of such a restriction to offenders under the age of 18.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Letherman
2023 MT 196 (Montana Supreme Court, 2023)
State v. R. Knapp
2022 MT 35N (Montana Supreme Court, 2022)
State v. S. Keefe
2021 MT 8 (Montana Supreme Court, 2021)
Matter of D.C. Jr. a Youth
2014 MT 292N (Montana Supreme Court, 2014)
State v. Christopher Lewis
2012 MT 157 (Montana Supreme Court, 2012)
State v. Briscoe
2012 MT 152 (Montana Supreme Court, 2012)
State v. Woods
2012 MT 11N (Montana Supreme Court, 2012)
Matter of T.M.L. Youth Under 18.
2012 MT 9 (Montana Supreme Court, 2012)
State v. Olivares-Coster
2011 MT 196 (Montana Supreme Court, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
2011 MT 196, 259 P.3d 760, 361 Mont. 380, 2011 Mont. LEXIS 237, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-olivares-coster-mont-2011.