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153 Mont. 9

State v. Sommers

Montana Supreme Court

Decided April 7, 1969

Montana Supreme Court · decided 1969-04-07

Good law ✅— No negative treatment on recordhow we know

Decided 1969-04-07

How this case has been cited

Cited by 5 later decisions — most recently January 1988

5 state decisions

20196919701980decided

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 five years, imposed on August 19, 1968, was fully heard and after a careful consideration of the entire matter it is decided that:

¶3(1) The sentence be and remain as originally imposed by the •sentencing court.

¶4The reason for the above decision is that the sentence appears proper and ■ sufficiently lenient in that defendant was convicted of first degree burglary punishable by not less than 1 nor more than 15 years imprisonment, yet received but a 5 year sentence with 95 days jail time credit, and will be eligible for parole consideration in June, 1969, after being received August 21, 1968, although he has. a prior felony covictipn, which, if used against him could have resulted in imprisonment without limit.

¶5SENTENCE REVIEW DIVISION

¶6Philip C. Duncan, chairman; Jack D. Shanstrom, Sid G. Stewart.

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