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335 Mont. 16

State v. Killam

Montana Supreme Court

Decided March 17, 2006

Montana Supreme Court · decided 2006-03-17

Cited by 8 later decisions — most recently December 2016

8 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2006-03-17

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¶1On November 30, 2004, the defendant was sentenced to twenty (20) years in the Montana State Prison for the offense of Aggravated Assault, a felony; and ten (10) years in the Montana State Prison, with five (5) years suspended, for the use of a weapon during the commission of the offense. The terms shall run consecutively with each other.

¶2On March 6, 2006, 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 Melody Brown. 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 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 is dismissed.

¶6Done in open Court this 6 th day of March, 2006.

*17DATED this 17th day of March, 2006.Chairperson, Hon. John W. Whelan, Member, Hon. Randal I. Spaulding and Member, Hon. Katherine Irigoin.
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