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298 Mont. 42

State v. Houle

Montana Supreme Court

Decided June 18, 1999

Montana Supreme Court · decided 1999-06-18

Decided 1999-06-18

¶1On November 13,1998, the defendant was sentenced to the following: Count I: Ten (10) years in the Montana State Prison, and Count II: Ten (10) years in the Montana State Prison, to run concurrently with each other and concurrently with the sentence imposed in Cause No. BDC 94-024.

¶2On June 18, 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 represented by Kathleen Foley. 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.

¶5After careful consideration, it is the unanimous decision of the Sentence Review Division that this case be remanded to the district court to address any issues of claimed credit for time served.

¶6Done in open Court this 18th day of June, 1999.

¶7DATED this 15th day of July, 1999.

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