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286 Mont. 112

State v. Marceau

Montana Supreme Court

Decided November 10, 1997

Montana Supreme Court · decided 1997-11-10

Decided 1997-11-10

¶1On April 2,1997, it was ordered, adjudged and decreed, that the suspended portion of defendant’s sentence is revoked, with no credit for street time. Defendant is sentenced to the Montana State Prison, said sentence to run consecutive with any other sentences defendant is currently serving. Defendant is subject to conditions if released into any community as stated in the April 2, 1997 judgment. Further, the Court recommends that this defendant be screened for a Pre-Release Program and if not accepted for Pre-Release, that this defendant be required to secure a residence and then be considered for ISP. If the defendant returns to Cascade County or any community close to Cascade County, the Court recommends that defendant be considered for placement in the Crossroads Counseling City-County Recidivism Reduction Program.

¶2On October 16, 1997, 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 did not wish to proceed.

*113DATED this 10th day of November, 1997.

¶5After careful consideration, it is the unanimous decision of the Sentence Review Division that the petition for review of sentence shall be dismissed.

¶6Done in open Court this 16th day of October, 1997.

¶7Chairman, Hon. Jeffrey M. Sherlock, Member, Hon. Wm. Neis Swandal and Member, Hon. Richard Phillips

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