State of Montana, Plaintiff and Appellee v. Eugene Howard Ashby, Defendant and Appellant

Summary

The Montana Supreme Court held that probation conditions must be reviewed first for legality and then for reasonableness under an abuse-of-discretion standard. It expanded the required nexus to permit a condition related either to the offense or to the offender, but held that Ashby's alcohol and drug restrictions lacked either connection while his gambling restriction was supported by his substantial financial irresponsibility. The court reversed and remanded to strike the alcohol restriction and affirmed the gambling restriction.