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298 Mont. 91

State v. Minear

Montana Supreme Court

Decided November 4, 1999

Montana Supreme Court · decided 1999-11-04

Good law ✅— No negative treatment on recordhow we know

Decided 1999-11-04

How this case has been cited

Cited by 10 later decisions — most recently November 2022

10 state decisions

601999200020102020decided

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 June 7,1999, the defendant was sentenced to an eighteen (18) month commitment to the Department of Corrections.

¶2On November 4, 1999, the defendant’s application for review of that sentence was considered by the Sentence Review Division of the Montana Supreme Court.

¶3The defendant was present and was advised of his right to be represented by counsel. The defendant 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.

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

¶6Done in open Court this 4th day of November, 1999.

¶7DATED this 6th day of December, 1999.

Chairman, Hon. Richard G. Phillips, Member, Hon. Jeffrey H. Langton and Alt. Member, Hon. Robert Boyd
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