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State v. Ommundson2/3/1999
APPEAL FROM: District Court of the Thirteenth Judicial District, In and for the County of Yellowstone, The Honorable Robert W. Holmstrom, Judge presiding.
. David Ommundson (Ommundson) pled guilty to a charge of driving or in actual physical control of a motor vehicle while under the influence of alcohol (DUI), a felony, in violation of § 61-8-401, MCA. The District Court of the Thirteenth Judicial District, Yellowstone County, ordered Ommundson committed to the Department of Corrections for a term of 54 months for placement in an appropriate institution. The District Court suspended all but six months of the sentence with conditions, including: (1) that Ommundson participate in a sex offender treatment program; and (2) that Ommundson not have any contact with children without adult supervision. Ommundson appeals from that sentence, contending that the District Court abused its discretion in imposing the above conditions because they are not reasonably related to his DUI conviction. We reverse the judgment of the District Court to the extent that it imposes sex offender treatment as a condition of sentence. The remainder of the judgment and sentence are affirmed.
. With regard to the condition that Ommundson not have contact with children while alone, Ommundson did not object to this condition in the District Court and thus this issue is not cognizable on appeal. The sole issue before this Court, then, is whether the District Court had authority to impose the condition that Ommundson participate in a sex offender treatment program. We review sentences for legality only and will not disturb a sentencing decision absent a showing that a district court abused its discretion. State v. Blanchard (1995), 270 Mont. 11, 15, 889 P.2d 1180, 1182 (citation omitted).
. In imposing sentence, the District Court considered a pre-sentence investigation that documented Ommundson's criminal history, including more than ten convictions for indecent exposure. The District Court also considered a sex offender evaluation, which determined that Ommundson qualified for community-based treatment. The evaluation concluded that Ommundson needed to complete sex offender treatment. Based on the above, the District Court concluded that sex offender treatment was necessary for Ommundson's rehabilitation and for the protection of society.
. Ommundson contends that the District Court abused its discretion in imposing the sex offender treatment as a condition of sentence. He argues that it is not enough that a condition of sentence relate generally to rehabilitation; rather, there must be a correlation between the crime for which the defendant was convicted and the condition imposed. We agree.
. Sections 46-18-201 and -202, MCA, allow for the imposition of sentencing restrictions or conditions that are "reasonable," § 46-18-201(1)(b), MCA, and that the court considers necessary "to obtain the objectives of rehabilitation and the protection of the victim and society." Section 46-18-202(1), MCA. The State cites Dahlman v. Dist. Ct., Seventeenth Jud. Dist. (1985), 215 Mont. 470, 473, 698 P.2d 423, 425, for the proposition that conditions of sentence need not be related to the crime charged; instead, they need only be related to rehabilitative purposes or to the protection of society. Following a high speed chase in a stolen automobile, Dahlman was arrested. While in jail awaiting arraignment, Dahlman intentionally injured himself and required hospitalization. Dahlman subsequently pled guilty to the charge of felony theft. As a condition of his suspended sentence, the court ordered Dahlman to reimburse the county for the medical expenses he incurred while in jail. Dahlman, 215 Mont. at
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