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281 Mont. 116

State v. Jenkins

Montana Supreme Court

Decided December 2, 1996

Montana Supreme Court · decided 1996-12-02

Decided 1996-12-02

¶1On July 29,1996, the Court’s suspended sentence imposed on September 25,1995 for the offense of Criminal possession of dangerous drugs, was hereby revoked. The defendant Robert John Jenkins is sentenced to a term of five (5) years in the Montana State Prison. The defendant shall not be eligible for parole consideration until he has successfully completed the Prison’s chemical dependency program.

¶2On November 14,1996, the Defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

¶3The Defendant was present and was represented by attorney Brian Fay. The state was not represented.

¶4Before hearing the application, the Defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also to increase it. The defendant was further advised that there is no appeal from a decision *117of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

DATED this 2nd day of December, 1996.

¶5Rule 17 of the Rules of the Sentence Review Division provides: "The sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive." (Section 45-18-904(3), MCA.) The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.

¶6After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

¶7Done in open Court this 14th day of November, 1996.

Chairman, Hon. Ted O. LympusMember, Hon. Jeffrey M. SherlockAlternate Member, Hon. Robert Boyd

¶8The Sentence Review Board wishes to thank attorney Brian Fay for representing Robert J. Jenkins in this matter.

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