Michael Ross Trombley challenged his November 9, 2023 combined judgment from the Twentieth Judicial District Court, which revoked a 2015 suspended sentence and imposed sentences in three additional cases. His appeal focused on a fully suspended $5,000 fine required by § 61-8-1008(1)(a)(i), MCA (2021), and a provision allowing the probation office to reinstate suspended fines and fees if they found he was not complying with probation terms.
The Montana Supreme Court affirmed the suspended fine, applying its recent decision in State v. Cole. The court held that sentencing courts must determine a defendant's ability to pay mandatory fines under § 46-18-231(3), MCA, then use their authority under § 46-18-201(2), MCA, to suspend the fine to the extent the defendant cannot pay.
The court held the District Court properly considered Trombley's financial circumstances, imposed the required $5,000 minimum fine, and suspended it entirely. This approach harmonizes statutory provisions requiring ability-to-pay determinations with mandatory minimum fine statutes.
However, the court agreed with both parties that Condition No. 14 was improper. Section 46-18-203, MCA, authorizes only district courts, not probation offices, to revoke sentences or modify conditions. The court remanded for entry of an amended judgment striking this provision.
The decision included a concurrence in part and dissent in part from Justices Ingrid Gustafson, Laurie McKinnon, and Katherine Bidegaray, who argued that suspending an illegal mandatory fine does not cure the constitutional violation.