MONTANA SIXTEENTH JUDICIAL DISTRICT COURT, ROSEBUD COUNTY

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STATE OF MONTANA, ) CAUSE NO. DC 95-34

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Plaintiff, ) JUDGE JOE L. HEGEL

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vs. ) SENTENCING ORDER

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*, )

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Defendant. )

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A hearing was held on September 25, 1995, for the purpose of sentencing. The Defendant,*, appeared with counsel,*, and entered a plea of guilty to the charges of COUNT I: CRIMINAL POSSESSION OF DANGEROUS DRUGS, a misdemeanor, as specified in section 45-9-102(2) M.C.A.; COUNT II: CRIMINAL POSSESSION OF DANGEROUS DRUGS, a felony, as specified in section 459102(5) M.C.A.; and COUNT III: CRIMINAL POSSESSION OF DRUG PARAPHERNALIA, a misdemeanor, as specified in section 45-10-103 M.C.A.; and COUNT IV: CRIMINAL POSSESSION WITH INTENT TO SELL, a felony, as specified in section 459103(1)(3), committed on or about*, 1995, in * County, Montana.

IT IS ADJUDGED AND DECREED that the Defendant is guilty of the above stated offenses.

A Pre-Sentence Investigation Report was ordered and the Court having received and reviewed the report and being fully advised as to the facts of this case, therefore;

IT IS THE JUDGMENT OF THE COURT that the Defendant be and is hereby sentenced to Montana State Prison for a period of five (5) years, all suspended, as to COUNT II: CRIMINAL POSSESSION OF DANGEROUS DRUGS, a felony, and COUNT IV: CRIMINAL POSSESSION WITH INTENT TO SELL, a felony. In regards to COUNT I and III, misdemeanors, thedefendant is hereby sentenced to Montana State Prison for a period of six (6) months, all suspended, to run concurrent with the sentence imposed on the felony charges. Conditions of said suspended sentence are as follows:

1. The Defendant be placed under the supervision of the Montana Department of Corrections and Human Services, Adult Parole and Probation Division, and be subject to their standard rules and regulations as listed below. That in the event the Defendant breaches any of the rules of said department or violates any laws of this State or any other states, or the Federal government, she shall be subject to immediate arrest and thereupon brought before this Court to determine if this Court should revoke this sentence as is the judgment of this Court which will then seem proper, lawful and just.

a. Residence: The Defendant shall not change his place of residence without first obtaining permission from his Probation/Parole Officer;

b. Travel: The Defendant shall not leave his assigned district without first obtaining written permission from his Probation/Parole Officer;

c. Employment: The Defendant shall maintain employment or a program approved by his Probation/Parole Officer, and must obtain permission from his Probation/Parole Officer prior to any change of employment;

d. Reporting: The Defendant is required to personally report to his Probation/Parole Officer as directed, and to submit written monthly reports on forms provided;

e. Weapons: The Defendant shall not own, possess or be in control of any firearms or deadly weapons, including black powder, as defined by state or federal law;

f. Financial: The Defendant must obtain permission from his Probation/Parole Officer before financing a vehicle, purchasing property, or engaging in business;

g. Search: Upon reasonable cause, the Defendant shall, while on parole or probation, submit to a search of her person, vehicle or residence by his Probation/Parole Officer, at any time, without a warrant;

h. Laws & Conduct: The Defendant shall comply with all city, county, state, and federal laws and ordinances and conduct himself as a good citizen. The Defendant shall report any arrests or contacts with law enforcement to his Probation/Parole Officer within 72 hours.

2. The Defendant shall not use or possess alcoholic beverages nor enter any establishment where alcohol is the chief item of sale;

3. The Defendant shall not use or possess illegal drugs;

4. The Defendant shall submit to testing of his blood, breath, and/or other bodily fluids to determine the presence of alcohol and/or illicit drugs upon the request of his supervising officer;

5. The Defendant shall pay a fine in the amount of $500.00 to the County Drug Fund, and a surcharge of $50.00 to the Clerk of District Court. Payments shall be made to his supervising probation officer on the $500.00 fine and surcharge amount of $50.00, for a total of $550.00, as determined by Adult Probation and Parole;

6. The Defendant shall obtain a chemical dependency evaluation at his own expense and fully comply with all the treatment recommendations set forth in said evaluation;

7. The Defendant shall be subject to supervision fees in the amount of $10.00 per month, to be paid at the rate of $30.00 per quarter, or $120.00 per year, under the direction of his supervising officer;

8. The Defendant shall not associate with any convicted felons, excluding his spouse;

9. The Defendant shall not associate with any known or convicted drug users, offenders or dealers, excluding his spouse;

The reasons for this suspended sentence are as follows:

1. The Defendant completed a prior deferred sentence, but is an apparent risk to re-offend. Re-offending or violating conditions of probation, if they occur, will have more serious consequences in the future;

2. The recommendation of the Bureau of Adult Probation and Parole, as set out in the Pre-Sentence Investigation;

3. The Defendant’s cooperation with the Rosebud County Judicial Court system.

Any bond posted is hereby exonerated.

Done in open Court this 25th day of September, 1995.

DATED this day of September, 1995.

DISTRICT COURT JUDGE