1 year time limit on misdemeanor prosecution 45-1-205

No. 02-620
IN THE SUPREME COURT OF THE STATE OF MONTANA
2004 MT 159
KENNETH DEXTER,
Petitioner and Appellant,
v.
JACK SHIELDS, Justice of the Peace
and JOHN DOE, Sheriff of Fergus County,
Kenneth Dexter (Dexter) was sentenced to one year in jail for third offense DUI. His
sentence was suspended upon condition that he serve ninety days and pay a fine. He failed
to do either. Approximately three years later, he was arrested on an outstanding warrant
issued after his suspended sentence had expired. Presiding Justice of the Peace Jack Shields
(Shields) invoked his contempt of court powers and sentenced Dexter to jail for failing to
fulfill the conditions of his suspended sentence. Dexter filed an application for a Writ of
Habeas Corpus in the Montana Tenth Judicial District Court, Fergus County. The District
Court released Dexter pending a hearing on his application. The District Court subsequently
concluded, however, that Shields had the authority to find Dexter in contempt of court and
to punish Dexter accordingly. Dexter appeals. We reverse.