State v. Robinson
| Citation | 190 Mont. 145,619 P.2d 813,37 St.Rep. 1830 |
| Decision Date | 19 November 1980 |
| Docket Number | No. 80-156,80-156 |
| Parties | STATE of Montana, Plaintiff and Respondent, v. Alvin L. ROBINSON, Defendant and Appellant. |
| Court | United States State Supreme Court of Montana |
Randono, Lewis & Donovan, Great Falls, for defendant and appellant.
Mike Greely, Atty. Gen., Helena, Rae Kalbfleisch, County Atty., Shelby, for plaintiff and respondent.
Alvin Robinson was convicted of burglary and theft on June 19, 1975, in the Toole County District Court. He received ten-year sentences on each count, with the sentences to run concurrently. The District Court suspended the defendant's sentence and placed him on probation. On December 5, 1979, the Toole County Attorney filed a petition for revocation of the 1975 suspended sentence. After a hearing on the revocation petition, the District Court revoked two of the remaining five years of Robinson's sentence. This appeal follows. We affirm.
On the evening of October 29, 1979, a fight took place between two patrons of Bill's Bar in Sweetgrass, Montana. The Toole County Sheriff's Department was notified and two officers, deputies Robins and Navratil, responded. When the officers arrived, Robinson and another man were standing outside the tavern. At the outset, Robinson indicated to Navratil that the officers were unwelcome and made it clear that he (Robinson) intended to take an active role in resisting police interference in the barroom fight. As Officer Navratil attempted to restrain one of the participants in the fight, the defendant began to pull the officer away. At that point, Navratil struck Robinson with his nightstick. Robinson's companion, Carl Brickel, threw a bar stool at Navratil and was placed under arrest.
Outside the bar the officers had just put Brickel into the squad car when Robinson appeared stating that he would have Navratil's job. He was then arrested for interference with the arrest of the man inside the bar, who had resumed his fight when the officers arrested Brickel. The defendant was handcuffed and placed in the back seat of the squad car. He then proceeded to kick at the window of the car until Officer Navratil opened the door lest the window be broken. With the door open, Robinson rolled out of the car, and the officers placed him in the front seat. It is uncontroverted that defendant had back problems which had recently been treated, and he complained of the pain caused by having his hands cuffed behind his back. Navratil offered to handcuff his hands in front if he agreed to cease his hostilities. As the officer removed the right handcuff, Robinson leaned back on the seat and kicked Navratil in the left temple, breaking his glasses and causing various minor injuries. Robinson started to swing at the officer then pulled the door shut and locked it from the inside. Officer Navratil restrained Robinson after gaining access by means of the back door.
During the course of his arrest and transportation to Shelby, Robinson damaged the police radio, spit on Officer Navratil and threatened to kill him. Based on the events of October 29, the District Court revoked two years of defendant's suspended sentence and ordered him incarcerated in the state prison at Deer Lodge.
Robinson argues on appeal that the District Court was unwarranted, as a matter of law, in revoking his suspended sentence and abused its discretion in so doing. We do not agree.
Section 46-18-203, MCA, provides:
(Emphasis added.)
Alvin Robinson read and signed a copy of the Board of Pardons' Rules of Parole and Probation which reads in pertinent part:
"The parolee and probationer shall respect and obey the law and at all times be a good citizen."
Further, the District Court ordered that sentence be suspended and conditional upon the good behavior of the defendant.
The gist of defendant's claim before this Court is that the District Court abused its discretion when it found that Robinson violated the terms of his parole by and through his conduct on the night of October 29, 1979. Spe...
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