Montana Attorney General Opinion 15-220

Opinion No. 220 District Court--Sentences, Suspen- sion of. HELD: That when a defendant's sen- tence has been suspended by a district court, and he complies with the rules 154 OPINIONS OF THE ATTORNEY GENERAL and regulations of the State Board of Prison Commissioners governing per- Rons released and placed on probation hv order of the district court, nothing can he done in the future to restrain his liberty. May 24, 1933. You ha\-e asked us whether or not, in our opinion, anything can now be done by the State Board of Prison Com- missioners in the case of Tony Tiro- galas who was recently given a sus- pended sentence of three years, on a plea of guilty to the crime of man- slaughter, by the District Court of the Tenth Judicial District. Our answer is in the negative. The district court was vested with plenary power in the matter. Furthermore, so long as Tirogalas complies with the rules and regulations of said board gov- crning persons released and placed upon probation hy order of the district court, nothing can be done in the future to restrain him or his liberty. But should he violate such rules and regulations at any time before the expiration of the period of probation he subjects him- self to arrest without warrant and must he conveyed to and confined in the State Prison to sene out his sentence. (Sections 12078-12085, Revised Codes 1921; Foot Y. District Court, 72 Mont. 374: Bottomly v. District Court, 73 :\Ion t. 541).