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Friday, November 02, 2007

held conditions invalid as lacking a nexus with the offense committed.

No. 05-622
STATE OF MONTANA,
v.
PAMELA JONES GREESON,
The State also makes no effort whatsoever to distinguish the cases on which Greeson relies and in which we held conditions invalid as lacking a nexus with the offense committed. See, e.g., State v. Erickson, 2005 MT 276, 329 Mont. 192, 124 P.3d 119 (determining there was no correlation or connection between a conviction for the operation of a methamphetamine laboratory and a condition that the defendant pay child support); State v. Watson, 2001 MT 143, 306 Mont. 33, 29 P.3d 1026 (invalidating a restriction on interaction with females under the age of 19 years in sentencing a man for an assault on a peace officer); State v. Smith, 2001 MT 111, 305 Mont. 298, 27 P.3d 39, overruled on other grounds, State v. Brister, 2002 MT 13, 308 Mont. 154, 41 P.3d 314 (invalidating a sentencing provision requiring an offender convicted of theft and burglary to complete parenting classes as unrelated to the offense); State v. Ommundson, 1999 MT 16, 293 Mont. 133, 974 P.2d 620 (overturning a condition requiring sexual offender treatment as a condition of a DUI 6 sentence). We caution the State regarding its obligation to either brief an issue or concede it. We concluded no correlation had been established between alcohol and the crimes for which the defendant was sentenced. Holt, ¶ 51.