HAVRE, Mont. (NMB) – A Havre woman initially sentenced to six years in the Montana Department of Corrections after pleading guilty to felony assault with a weapon will be resentenced.
Erica Ann Dion was sentenced on Monday in Hill County District Court after previously reaching a plea agreement.
But in an order issued by Judge Kaydee Snipes-Ruiz on Tuesday, it was noted that upon further review, the “length of commitment to the Department of Corrections is impermissible” under Montana law.
Resentencing has been set for May 27th at 1 PM. The defendant will be transferred from the Hill County Detention Center.
Court documents state that on May 13th, 2019, Dion drove to a residence owned by her father. Dion shouted a profanity at an occupant of the house for not allowing her in two days prior.
The occupant of the house walked up to Dion. Dion then pulled out a firearm and pointed it at the person before driving away.
The incident was reported to law enforcement and Dion was quickly arrested.
The firearm turned out to be a bb gun that resembled a real handgun.
Between posting bail and being sentenced, Dion was accused of violating the conditions of her release several times. Those allegations included methamphetamine and alcohol use.
Dion’s prior criminal history includes 5 felony and 22 misdemeanor convictions.