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State v. Anderson6/20/2000
APPEAL FROM: District Court of the Seventh Judicial District, In and for the County of Dawson, The Honorable David Cybulski, Judge presiding.
Submitted on Briefs: February 24, 2000
Pursuant to Section I, Paragraph 3(c), Montana Supreme Court 1996 Internal Operating Rules, the following decision shall not be cited as precedent but shall be filed as a public document with the Clerk of the Supreme Court and shall be reported by case title, Supreme Court cause number, and result to the State Reporter Publishing Company and to West Group in the quarterly table of noncitable cases issued by this Court.
Patrick Anderson appeals from the Judgment and Order Suspending Sentence issued by the Seventh Judicial District Court, Dawson County. We reverse.
Anderson raises the following issue on appeal:
Whether the District Court exceeded its sentencing authority?
BACKGROUND
On January 20, 1998, the State filed an Information charging Patrick Anderson with felony Partner Assault, third offense, in violation of § 45-5-206, MCA. The State alleged that on or about January 4, 1998, Anderson struck Kandi Anderson in the face, causing her to fall and injure her head and right elbow. On June 9, 1998, the State filed an Information charging Anderson with felony Family Member Assault, fourth offense, in violation of § 45-5-206, MCA. The State alleged that on or about May 30, 1998, Anderson spanked his three-year-old son with his hand leaving multiple black and blue bruises. On June 11, 1998, the State filed a Motion for Joinder requesting that the District Court join these separate charges for trial. The District Court granted the State's Motion for Joinder on October 12, 1998.
On November 12, 1998, Anderson entered a plea of guilty to the charge of Family Member Assault and entered an Alford plea to the charge of Partner Assault. On March 17, 1999, the District Court ordered Anderson to pay a fine of $20,000 for each offense, with all but $1000 suspended on each offense, and sentenced Anderson to five years imprisonment at the Montana State Prison on each charge, to run consecutively, with all ten years suspended upon Anderson's compliance with the terms of his probation. One of the conditions of Anderson's suspended sentence provided:
The Defendant's visits with his son shall be supervised by a person approved by his Probation Officer, until such time as his Probation Officer feels supervision is no longer needed.
On April 15, 1999, Anderson filed a Motion to Correct Sentence, requesting the District Court strike the condition governing his visits with his son. The District Court denied Anderson's motion. Anderson appeals.
STANDARD OF REVIEW
This Court reviews a criminal sentence to determine whether the sentence is within the parameters provided by statute. See State v. Montoya, 1999 MT 180, 15, 295 Mont. 288, 15, 983 P.2d 937,
DISCUSSION
Whether the District Court exceeded its sentencing authority?
Anderson contends that the District Court exceeded its sentencing authority by delegating the discretionary authority to determine who shall supervise Anderson's visits with his son and for how long such supervision shall be necessary to his probation officer. The State asserts that the sentencing court has the discretion to place restrictions on visitations between a defendant and a victim. However, the State takes no position on the question of whether a court can delegate the authority to determine who will supervise such visitations and for how long supervision shall be necessary to a probation officer. The State do
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