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308 Mont. 17

State v. Shephard

Montana Supreme Court

Decided February 27, 2001

Montana Supreme Court · decided 2001-02-27

Cited by 4 later decisions — most recently March 2020

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2001-02-27

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¶1Decision

¶2On October 16,2000, the defendant was sentenced to ten (10) years in the Montana State Prison, with six (6) years suspended.

¶3On February 8,2001, the defendant's application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

¶4The defendant was present and was represented by Margaret Borg. The state was not represented.

¶5Before 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 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 at this time.

¶6It is the unanimous decision of the Sentence Review Division that this hearing shall be continued to the July 2001 meeting of the Sentence Review Board, thus allowing the defendant an opportunity to appear before the Parole Board in June 2001, prior to proceeding with his sentence review hearing.

*18Chairman, Hon. Jeffrey H. Langton, Member, Hon. David Cybulski and Member, Hon. Katherine R. Curtis.
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