The offender may not be prosecuted, however, based only on the breach of the condition itself. Williams v. State, 528 A.2d 507, 510 (Md. App. 1987) (h

STATE v. LETASKY DA 06-0149 2007 MT 51 2/23/2007

TheThe offender may not be prosecuted, however, based only on the breach of the condition itself.

Williams v. State, 528 A.2d 507, 510 (Md. App. 1987) (holding a condition of probation may be enforced only through the power to revoke the probation, not through contempt proceedings). Montana Code indicates that the legislature did not intend for criminal contempt to be available as a remedy when an offender violates a condition of his suspended sentence.

The legislature did not list criminal contempt in § 46-18-203(7), MCA,
We reverse and remand with instructions for the District Court to dismiss Letasky’s charge of misdemeanor criminal contempt.