2007 MT 328
STATE OF MONTANA,
v.
THOMAS E. OIE
Whether the District Court erred in sentencing Oie to serve four years at MSP after revoking his suspended sentence.
§ 61-8-731(5), MCA, governs the imposition of sentence upon the revocation of Oie’s suspended sentence for felony DUI and limits the District Court to either continuing the period of probation or requiring Oie “to serve the remainder of the probation sentence” (emphasis added).
Accordingly, we hold that the District Court erred in sentencing Oie to serve four years at MSP after revoking his suspended sentence and we remand to the District Court for resentencing consistent with this Opinion.
Reversed and Remanded.
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