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335 Mont. 94

State v. Johnston

Montana Supreme Court

Decided October 25, 2006

Montana Supreme Court · decided 2006-10-25

Good law ✅— No negative treatment on recordhow we know

Decided 2006-10-25

How this case has been cited

Cited by 13 later decisions — most recently May 2025

13 state decisions

50200620102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On January 26, 2006, the defendant was sentenced to ten (10) years in the Montana State Women’s Prison, for violation of the conditions of a suspended sentence for the offense of Forgery, Common Scheme, a Felony. The sentence shall run concurrently with the sentence imposed in CDC-98-189. The Court recommended the defendant not be eligible for parole until she completes a comprehensive chemical dependency treatment while incarcerated.

¶2On October 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 Moira D’Alton. 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 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 *95presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (§46-18-904(3), MCA).

DATED this 25th day of October, 2006.

¶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 6th day of October, 2006.

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