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298 Mont. 28

State v. Jones

Montana Supreme Court

Decided April 9, 1999

Montana Supreme Court · decided 1999-04-09

Cited by 2 later decisions — most recently November 2017

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1999-04-09

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¶1On August 18,1998, the defendant was sentenced to ten (10) years in the Montana Women’s Prison, with five (5) years suspended on Count I; and to six (6) months in the Dawson County Jail on Count II. Count II is to run concurrently with Count I.

¶2On April 9,1999, 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 Richard L. Burns. 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 she understood this and stated that she 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 9th day of April, 1999.

¶8DATED this 21st day of April, 1999.

Chairman, Hon. Richard G. Phillips, Member, Hon. Jeffrey H. Langton and Member, Hon. Marge Johnson
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