2001 MT 111
STATE OF MONTANA,v.
PAUL EDMOND SMITH,
Smith appeals the portions of his new sentence that require him to attend parenting classes, and to pay $900 in jail costs. We affirm in part, reverse in part, and remand.
However, the State is correct that Smith did not object to the District
Court's imposition of costs in the record below. It is well established that for this Court to address an issue on appeal, the issue must have first been raised in the District Court. State v. Woods (1997), 283 Mont. 359, 372, 942 P.2d 88, 96-97. The District Court cannot be held in error for mistakes it was not given the opportunity to correct. State v. Rogers (1993), 257 Mont. 413, 419, 849 P.2d 1028, 1032.
We therefore affirm the condition that Smith pay for the costs of his incarceration, and we reverse that part of the sentence requiring that he attend parenting classes. This matter is remanded to the District Court for further proceedings consistent with this opinion.
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Wednesday, May 21, 2008
we reverse that part of the sentence requiring that he attend parenting classes.
Labels:
criminal law,
criminal procedure,
Paranting class,
sentencing
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