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330 Mont. 35

State v. Johnson

Montana Supreme Court

Decided April 15, 2005

Montana Supreme Court · decided 2005-04-15

Decided 2005-04-15

¶1On February 3,2005, the defendant was sentenced to Count I: Six (6) years in the Montana Women’s Prison, for the offense of Issuing a Bad Check, a felony. The Defendant will not be considered for parole until she has completed all recommendations of the initial classification by the Department of Corrections.

¶2On April 1, 2005, 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 Mark McLaverty. The state was represented by Bill Fullbright.

¶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 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 of the Supreme Court of Montana provides that “the sentence imposed by the District Court is *36presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (§46-18-904(3), MCA).

¶6The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.

¶7Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

¶8Done in open Court this 1st day of April, 2005.

¶9DATED this 13th day of April, 2005.

Chairperson, Hon. Gary L. Day, Member, Hon. John Whelan and Member, Hon. Randal I. Spaulding.
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