State v. Allen

210 Mont. 11

Opinion

DECISION

The application of the above-named defendant for a review of the sentence of 10 years; Ineligible for parole until he has served 5 years imposed on July 8, 1983, was fully heard and after a careful consideration of the entire matter it is decided that: the sentence shall be amended to 10 years straight time. The Defendant shall be designated as NON-DANGEROUS for parole eligibility, and this Board highly recommends that the Defendant be placed in Swan River as soon as possible.

Reasons for the amended sentence are:

(1) Under the statutes of the State of Montana, it is inappropriate to consider the Defendant’s Juvenile Record, which the sentencing judge referred to in his judgment; and

(2) considering the circumstances, the sentence imposed was excessive.

We wish to thank Gary Doran, Attorney from Kalispell, for his assistance to the Defendant and to this Court.

SENTENCE REVIEW DIVISION Joseph B. Gary, Mark P. Sullivan, John S. Henson