ex post facto winner

2007 MT 257
STATE OF MONTANA,v.
PAUL JAY SOUTHWICK,
Does the doctrine of res judicata bar this Court’s consideration of the merits of Southwick’s claim that the District Court imposed an illegal sentence?
2. Does Southwick’s failure to object to his sentences at either of his original sentencing hearings, or at the time the District Court revoked his suspended commitments, preclude review of his sentences?
3. Do the sentences imposed exceed the District Court’s statutory authority?
Because § 46-18-201(3)(d)(i), MCA (1999), is more burdensome that the 1997 version of the statute in effect at the time of the offenses, its application to Southwick violates the prohibition on ex post facto laws. Suiste, 261 Mont. at 253, 862 P.2d at 401.
We conclude, therefore, that Southwick’s sentence is facially illegal.