State v. Holiday

Montana Supreme Court

State v. Holiday

152 Mont. 46

CourtMontana Supreme Court

DecidedJanuary 15, 1969

DocketNO. 7432

StatusPublished

This text of 152 Mont. 46 (State v. Holiday) 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. Holiday, 152 Mont. 46 (Mo. 1969).

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Opinion

DECISION

The application of the above-named defendant for a review of the sentence of 10 years, imposed on February 1st., 1968, was fully heard and after a careful consideration of the entire matter it is decided that:

(1) The sentence should be reduced to six years.

The reason for the above decision is that with no prior felony conviction, defendant was sentenced to serve the term of 10 years. True, it was for first degree burglary, punishable by not less than 1 nor more than 15 years imprisonment, but for a first offender 10 years seems severe in comparison to others in that category. Further, others involved in the same crime have been treated more leniently.

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 10 years, imposed on February 1st., 1968, was fully heard and after a careful consideration of the entire matter it is decided that:

(1) The sentence should be reduced to six years.

The reason for the above decision is that with no prior felony conviction, defendant was sentenced to serve the term of 10 years. True, it was for first degree burglary, punishable by not less than 1 nor more than 15 years imprisonment, but for a first offender 10 years seems severe in comparison to others in that category. Further, others involved in the same crime have been treated more leniently.

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

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Bluebook (online)

152 Mont. 46, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-holiday-mont-1969.