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340 Mont. 10

State v. Goetz

Montana Supreme Court

Decided March 23, 2007

Montana Supreme Court · decided 2007-03-23

Good law ✅— No negative treatment on recordhow we know

Decided 2007-03-23

How this case has been cited

Cited by 22 later decisions — most recently May 2025

22 state decisions

90200720102020decided

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 March 9,2005, the defendant was sentenced to Five (5) years in the Montana State Prison, to run consecutively with DC-03-048 and DC-04-353, for violation of the conditions of a suspended sentence for the offense of Criminal Possession of Dangerous Drugs, a felony.

¶2On February 8, 2007, 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 Eric Olson. 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 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 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.

Chairperson, Hon. Randal I. Spaulding, Member, Hon. Katherine Irigoin and Member, Hon. Stewart Stadler.
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