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153 Mont. 28

State v. Byrne

Montana Supreme Court

Decided October 20, 1969

Montana Supreme Court · decided 1969-10-20

Good law ✅— No negative treatment on recordhow we know

Decided 1969-10-20

How this case has been cited

Cited by 15 later decisions — most recently October 1995

2 federal appellate · 13 state decisions

901969197019801990decided

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 concurrent sentence of seven and one-half years for First Degree Burglary and Grand Larceny with 11 days jail time credit, imposed on August 8, 1969, was fully heard and after a careful consideration of the entire matter it is decided that:

¶3The sentence be and remain as originally imposed.

¶4The presumption being that the sentencing judge was correct in his determination, we are unable to say that these sentences were not sufficiently lenient, particularly when it is considered that the sentences could have been consecutive and the defendant has a record of 2 prior felony convictions, which, if used, could: have resúlted in imprisonment for life or years without limit. It is to be further noted that his partner, Charles Myers, in the present crime, with a similar' record, received the same sentence.

¶5We thank Professor David J. Patterson, Acting Director of the Montana Defender project, for his assistance to the defendant and to the Court.

¶6SENTENCE REVIEW DIVISION

¶7Philip C. Duncan, chairman:, Paul G. Hatfield, Emmet Glore.

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