1, Ch. 395, L. 1999; amd. Sec. 1, Ch. You Have a Deferred Imposition of Sentence You must follow these steps to get your conviction removed from your record. When a defendant is given a deferred sentence they actually aren't convicted of any and are instead in a state of limbo regarding their sentence. 1947, 95-2207; amd. 1, Ch. MT Supreme Court Opinions and Cases | FindLaw Atty Gen. 384 (1988). Sidney men sentenced for unlawful possession of game animals. 61, L. 2017; amd. The governor shall. He received a three-year deferred sentence, was fined $420 and forfeits his right to hunt, fish or trap for three years. 205, L. 1985; amd. 14 McDanold argues that, under 1999 amendments to 46-18-201, MCA, restitution may be imposed only . 45-9-202, as authority for Defendant's eligibility for a deferred sentence. Get free summaries of new Montana Supreme Court opinions delivered to your inbox! 404.305(b); (Your Reference Number S2D8b52ks) DATE: October 29, 2002. (2)A copy of the order of dismissal must be sent to the prosecutor and the department of justice, accompanied by a form prepared by the department of justice and containing identifying information about the defendant. 44-5-202(8)(as amended in 2019): If an individual is released without the filing of charges, if the charges did not result in a conviction, or if a conviction is later invalidated, the court having jurisdiction in the criminal action shall report the disposition to the state repository as required in44-5-213(2) within 14 business days. Title 44, chapter 4, part 12, for a violation of 61-8-465, a second or subsequent violation of 61-8-401, 61-8-406, or 61-8-411, or a second or subsequent violation of any other statute that imposes a jail penalty On October 31, 2017, John Baier, 74, received a deferred sentence of six years for felony possession. Schallock also posted bond on a Garfield County, Montana obstruction charge in exchange for dropping possession charges.