State v. M. Brearey ( 2020 )

ORIGINA 11/04/2020 IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 19-0407 DA 19-0407 FILEL STATE OF MONTANA, NOV 0 4 2020 Plaintiff and Appellee, Bowen Greenwood Clerk of Supreme Court State of Montana v. ORDER MICHAEL BRANDON BREAREY, Defendant and Appellant. Appellant Michael Brandon Brearey appeals the June 24, 2019 Dispositional Order of the Eighteenth Judicial District Court, Gallatin County, that revoked his deferred imposition of sentence in that court's Cause No. DC-16-294B. The State had petitioned to revoke Brearey's deferred sentence because it alleged he committed two violations ofthe conditions of his probation. On appeal, Brearey argues that the District Court should not have revoked his deferred sentence because the State had not exhausted all remedies of the Montana Incentives Intervention Grid. Brearey further asserts his counsel was ineffective. The State has filed a Notice of Concession. Although it maintains it does not agree with all the arguments advanced by Brearey, it concedes this Court should reverse the District Court's revocation of Brearey's deferred sentence and remand this matter to the District Court for the setting of a new revocation hearing. Having considered the Appellant's Opening Brief and the State's Notice of Concession, and good cause appearing, IT IS HEREBY ORDERED that the Dispositional Order of June 24, 2019, is REVERSED. The revocation of Brearey's deferred sentence in Cause No. DC-16-294B of the Eighteenth Judicial District Court, Gallatin County, is VACATED. This matter is remanded with instructions for the District Court to set a new revocation hearing. Dated this y day of November, 2020. :/„1"..3 11b Justices 2