District Court
Two separate drug offenses get Dept. of Corrections sentences
Wednesday, April 3, 2024, 3rd Judicial District Court, Judge Ray J. Dayton presiding:
• Kayla Marie Browning was given a three-year commitment to the Montana Department of Corrections for placement in an appropriate correctional facility or program with none of those years suspended after pleading guilty to a felony count of criminal possession of dangerous drugs. The sentence was ordered to be served concurrently with her other sentences out of Butte-Silver Bow and Anaconda-Deer Lodge counties.
The court stated the reasoning for the sentence is the defendant's criminal history does not show violent criminal behavior, that it shows criminal behavior associated with being addicated to methamphetamines, according to the court's written judgment. The judgment further states that the defendant has already obtained a chemical dependency evaluation, however if requested by the defendant's probation officer the defendant agreed to obtain another chemical dependency evaluation and follow all recommendations and also continue with any current drug treatment program. The defendant was further ordered to pay a $50 victim/witness advocate fee, a $20 court surcharge and a $10 court technology fee. The defendant pleaded guilty March 2, and pursuant to a plea agreement with the State of Montana a misdemeanor sentence of criminal possession of drug paraphernalia was dismissed. No witnesses testified at the sentencing hearing.
• Johnathan Horner was given a five-year commitment to the Montana Department of Corrections for placement in an appropriate correctional facility or program after pleading guilty to a felony count of criminal possession of dangerous drugs, which was amended from criminal possession of dangerous drugs with intent to distribute per a plea agreement with the State of Montana. The defendant was further ordered to pay a $50 victim/witness advocate fee, a $20 court surcharge and a $10 court technology fee.
No pre-sentencing investigation was ordered and no witnesses testified at the sentencing portion of the hearing. Pursuant to the plea agreement, two felony counts of possession of property subject to criminal forfeiture, four misdemeanor counts of criminal possession of drug paraphernalia, and misdemeanor counts of driving with expired registration and operating a motor vehicle without liability insurance in effect were dismissed.