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330 Mont. 67

State v. Zens

Montana Supreme Court

Decided May 15, 2005

Montana Supreme Court · decided 2005-05-15

Decided 2005-05-15

¶1On July 28, 2004, the defendant was sentenced to three (3) years in the Montana State Prison, for violation of the conditions of a suspended sentence, for the offense of DUI - Fifth Offense, a felony.

¶2On May 16, 2005, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

¶3*68The defendant was present and was advised of his right to be represented by counsel. The defendant proceeded without counsel. 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 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.

¶5Therefore, it is the unanimous decision of the Sentence Review Division that the application for review of sentence shall be dismissed.

¶6Done in open Court this 16th day of May, 2005.

¶7DATED this 2nd day of June, 2005.

Alt. Chairperson, Hon. John Whelan, Member, Hon. Randal I. Spaulding and Alt. Member, Hon. Katherine Curtis.
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