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State v. Wells7/2/2001
h states that "the judge may suspend the term of incarceration upon the condition of payment of any fine imposed and of restitution. If the person does not pay the fine or restitution, the term may be imposed." §45-5-205(3)(b), MCA (1999). Section 45-5-205, MCA (1999), does not, by its plain language, provide a preference for suspended sentences. It merely provides the court with the discretion to choose suspension of the sentence if the court deems it appropriate so long as the sentence is within the parameters set forth in the statute. The penalty for negligent vehicular assault provides that a person convicted of the offense "shall be fined an amount not to exceed $10,000 or shall be incarcerated for a term not to exceed five years or both, and shall be ordered to pay restitution as provided in 46-18-241." §45-5-205(2), MCA.
Sentencing is a matter of discretion with the District Court. The record shows that Wells entered the plea agreement with the knowledge that the District Court could sentence him to the maximum extent. The District Court articulated the reasons for sentencing Wells. We conclude that the District Court did not abuse its discretion when it sentenced Wells.
We affirm the judgment of the District Court.
TERRY N. TRIEWEILER
We Concur:
KARLA M. GRAY
JAMES C. NELSON
PATRICIA COTTER
JIM RICE
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