State v. Boese
This text of 292 Mont. 68 (State v. Boese) 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.
Opinion
On April 23, 1998, the Defendant was sentenced to thirty (30) years in the Montana State Prison for Count I; for Count II: the Defendant was sentenced to the Cascade County Detention Center for six (6) months; and for Count III: the Defendant was sentenced to the Cascade County Detention Center for six (6) months. The sentences are to run concurrently with one another. Credit is given for 357 days already served.
On August 13,1998, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.
The defendant was present and was represented by Rochelle Wilson. The state was represented by Brant Light.
Before hearing the application, the defendant was advised that the [69]*69Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also to 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.
After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence be amended to thirty (30) years in the Montana State Prison, with no possibility of parole or participation in any supervised release programs for the first fifteen (15) years of the sentence.
The sentence given was clearly inadequate to protect society and to punish this individual for what he has done. The Defendant misrepresented the facts before the Sentence Review Board, and, based on his past history and the matters presented to this Board, the Board believes he is unlikely to be rehabilitated.
The Sentence Review Board wishes to thank attorney Rochelle Wilson for representing Douglas Boese in this matter.
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Cite This Page — Counsel Stack
292 Mont. 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boese-mont-1998.