In response, the State first raises the threshold argument that VanWinkle waived his right to challenge Condition No. 13 as illegal because there is no statute authorizing sentencing courts to impose a fee for the support of local community service programs. ¶ 7 VanWinkle challenges the District Court's imposition of Condition No. ¶ 6 Did the District Court impose an illegal sentence when it ordered VanWinkle to pay an $85 fee to the local community service program as a condition of his deferred imposition of sentence? We review the legality of a criminal sentence to determine whether the sentence is within applicable statutory parameters. ¶ 5 VanWinkle challenges the legality of his sentence. 13 that he "shall pay a fee of $85.00 to the Community Service Program." VanWinkle appeals. The District Court subsequently entered its written judgment deferring imposition of VanWinkle's sentence for a three-year period with conditions, including that VanWinkle complete 150 hours of community service and Condition No. The District Court overruled VanWinkle's objection, observing that the condition was one the judges in the Fourth Judicial District had agreed to institute as a local rule and was to be designated as a fee. 13 on the basis that the condition required payment of a "fee," whereas the plea agreement provided for payment of the $85 to the community service program as a "fine." VanWinkle also argued that the District Court was without statutory authority to impose the payment as a fee. ¶ 4 At the sentencing hearing, VanWinkle objected to Condition No. 13 requiring that VanWinkle "shall pay a fee of $85.00 to the Community Service Program."
The PSI also recommended specific conditions, including Condition No.
The PSI concurred in the State's recommendation of a three-year deferred imposition of sentence, subject to conditions. Said fine shall be paid through the Clerk of District Court and according to a schedule as set by his/her probation officer." The plea agreement further specified that VanWinkle "shall receive credit against his fine for pre-trial incarceration." The District Court accepted VanWinkle's guilty plea, scheduled a sentencing hearing and ordered preparation of a presentence investigation report (PSI). Two of the specified conditions in the agreement provided that VanWinkle would complete 150 hours of community service and "shall pay a fine to go to the community service program in the amount of $85.00. In exchange for the guilty plea, the State agreed to recommend to the District Court that VanWinkle receive a three-year deferred imposition of sentence, subject to various conditions. ¶ 3 On November 30, 2006, VanWinkle pled guilty to felony burglary pursuant to a plea agreement he entered into with the State of Montana (State). ¶ 2 The issue on appeal is whether the District Court imposed an illegal sentence when it ordered VanWinkle to pay an $85 fee to the local community service program as a condition of his deferred imposition of sentence. (VanWinkle) appeals from the judgment entered by the Fourth Judicial District Court, Missoula County, on his conviction and sentence for felony burglary. CHIEF JUSTICE GRAY delivered the Opinion of the Court.
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