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292 Mont. 66

State v. Beall

Montana Supreme Court

Decided September 1, 1998

Montana Supreme Court · decided 1998-09-01

Good law ✅— No negative treatment on recordhow we know

Decided 1998-09-01

How this case has been cited

Cited by 14 later decisions — most recently October 2017

14 state decisions

110199820002010decided

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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¶1On April 13, 1998, the Defendant was committed to the Department of Corrections and Human Services pursuant to Section 46-18-201(e), MCA, to be placed in an appropriate community based program, facility or a State Correctional Institution, for custody, care and treatment for the term of five (5) years. Defendant received credit for 138 days already served in the Yellowstone County Detention Facility.

¶2On August 13,1998, 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 fur*67ther 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.

Done in open Court this 13th day of August, 1998.DATED this 1st day of September, 1998.

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

Chairman, Hon. Wm. Neis Swandal, Member, Hon. Jeff Langton and Alt. Member, Hon. Robert Boyd.
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