State v. Ask

Montana Supreme Court

State v. Ask

153 Mont. 1

DecidedApril 7, 1969

StatusPublished

This text of 153 Mont. 1 (State v. Ask) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Ask, 153 Mont. 1 (Mo. 1969).

Pincite

Opinion

DECISION

The application of the above-named defendant for a review of the sentence of ten years, imposed on December 13th, 1968, was fully heard and after a careful consideration of the entire matter it is decided that:

(1) The sentence be and remain as originally imposed by the sentencing court.

The reason for the above decision is that the sentence appears-proper and sufficiently lenient in that defendant was convicted of first degree burglary punishable by not less than 1 nor more than 15 years imprisonment., yet was originally given but a 10 year-suspended sentence despite a prior felony conviction, which suspended sentence was not revoked until after two violations and then credited! with 1 year, 14 days, making defendant eligible for parole consideration in August, 1970, after being received December 16, 1968. We-thank Charles E. Petaja, Esq., of the University Defenders for his assistance to the ■ Defendant in this case.

SENTENCE REVIEW DIVISION

Philip C. Duncan, chairman; Paul G. Hatfield, Jack D. Shanstrom.

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DECISION

The application of the above-named defendant for a review of the sentence of ten years, imposed on December 13th, 1968, was fully heard and after a careful consideration of the entire matter it is decided that:

(1) The sentence be and remain as originally imposed by the sentencing court.

The reason for the above decision is that the sentence appears-proper and sufficiently lenient in that defendant was convicted of first degree burglary punishable by not less than 1 nor more than 15 years imprisonment., yet was originally given but a 10 year-suspended sentence despite a prior felony conviction, which suspended sentence was not revoked until after two violations and then credited! with 1 year, 14 days, making defendant eligible for parole consideration in August, 1970, after being received December 16, 1968. We-thank Charles E. Petaja, Esq., of the University Defenders for his assistance to the ■ Defendant in this case.

SENTENCE REVIEW DIVISION

Philip C. Duncan, chairman; Paul G. Hatfield, Jack D. Shanstrom.

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Bluebook (online)

153 Mont. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ask-mont-1969.