State v. Graham

Montana Supreme Court

State v. Graham

154 Mont. 5

CourtMontana Supreme Court

DecidedDecember 29, 1969

DocketNO. 649

StatusPublished

This text of 154 Mont. 5 (State v. Graham) 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. Graham, 154 Mont. 5 (Mo. 1969).

Pincite

Opinion

DECISION

The application of the above-named defendant for a review of the sentence of ten years, with the last five years suspended, and 34 days jail time credit, for 1st degree assault, imposed on April 9, 1969, was fully heard and after a careful consideration of the entire matter it is decided that:

The sentence be and remain as originally imposed.

The presumption being that the sentencing judge was correct in his determination, we are unable to say that the sentence was not proper, reasonable, and sufficiently lenient, the crime, the individual, and the sentencing goals kept in mind, particularly when it is considered that the crime is one of violence punishable by imprisonment for not less than 5 years and possibly 20 years, and that defendant has a prior criminal military record. Further defendant will be eligible for parole consideration in January, 1970.

We thank Nick Rotering Jr., Esq., of the Montana Defender Project for his assistance to the defendant and to the Court.

SENTENCE REVIEW DIVISION

Paul G. Hatfield, chairman; and Sid G. Stewart.

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DECISION

The application of the above-named defendant for a review of the sentence of ten years, with the last five years suspended, and 34 days jail time credit, for 1st degree assault, imposed on April 9, 1969, was fully heard and after a careful consideration of the entire matter it is decided that:

The sentence be and remain as originally imposed.

The presumption being that the sentencing judge was correct in his determination, we are unable to say that the sentence was not proper, reasonable, and sufficiently lenient, the crime, the individual, and the sentencing goals kept in mind, particularly when it is considered that the crime is one of violence punishable by imprisonment for not less than 5 years and possibly 20 years, and that defendant has a prior criminal military record. Further defendant will be eligible for parole consideration in January, 1970.

We thank Nick Rotering Jr., Esq., of the Montana Defender Project for his assistance to the defendant and to the Court.

SENTENCE REVIEW DIVISION

Paul G. Hatfield, chairman; and Sid G. Stewart.

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Bluebook (online)

154 Mont. 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-graham-mont-1969.