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335 Mont. 37

State v. Johnson

Montana Supreme Court

Decided April 14, 2006

Montana Supreme Court · decided 2006-04-14

Decided 2006-04-14

¶1On July 12, 2005, the defendant was sentenced to ten (10) years in the Montana Women’s Prison, with five (5) years suspended, for the offense of Issuing a Bad Check, Common Scheme, a felony. Said sentence shall run consecutive with other sentences.

¶2On April 7, 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 Floyd Corder. 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 *38or 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.

DATED this 14th day of April, 2006.

¶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 presumed 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 7 th day of April, 2006.

Alt. Chairperson, Hon. Randal I. Spaulding, Member, Hon. Katherine Irigoin and Alt. Member, Hon. Blair Jones.
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