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152 Mont. 47

State v. Fellows

Montana Supreme Court

Decided January 15, 1969

Montana Supreme Court · decided 1969-01-15

Good law ✅— No negative treatment on recordhow we know

Decided 1969-01-15

How this case has been cited

Cited by 17 later decisions — most recently November 2006

17 state decisions

8019691970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1DECISION

¶2The application of the above-named defendant for a review of the sentence of 10 years, imposed on August 7th, 1968, was fully heard and after a careful consideration of the entire matter it is decided that:

¶3(1) The sentence should be reduced to 3 years.

¶4The reason for the above decision is that with no prior felony convictions said defendant was sentenced to serve the term of 10 years for grand larceny. True, the crime is punishable by not less than 1 nor more than 14 years imprisonment, but for a first offender 10 years appears severe in comparison to others in that category. Further, others involved in the same crime were treated much more leniently.

SENTENCE REVIEW DIVISIONPhilip C. Duncan, chairman; Paul G. Hatfield, Jack D. Shanstrom.
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