Public-domain · open source
OpenJurist

281 Mont. 87

State v. Lopez

Montana Supreme Court

Decided September 16, 1996

Montana Supreme Court · decided 1996-09-16

Decided 1996-09-16

¶1On November 7, 1995, it was ordered that for the offense of Count II - Criminal *88Possession of Dangerous Drugs (cocaine), a felony, the defendant is sentenced to the Montana State Prison for a period of five (5) years. The defendant is granted 125 days’ credit for time served prior to sentencing.

DATED this 16th day of September, 1996.

¶2On August 22, 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 proceeded Pro Se. 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 of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.

¶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 22nd day of August, 1996.

Chairman, Hon. Ted O. LympusMember, Hon. Jeffrey M. SherlockMember, Hon. William Neis Swandal

¶8The Sentence Review Board wishes to thank Andy R. Lopez for representing himself in this matter.

/281/mont/87 · .json · Public domain