State v. Kelly

Montana Supreme Court

State v. Kelly

210 Mont. 15

Procedural entryThis page is a short order in State v. Kelly. Read the opinion of the Court — 205 Mont. 417 →

Montana Supreme Court·Decided January 6, 1984·No. No. 6353·Published

Opinions

DECISION

The application of the above-named defendant for a review of the sentence of 10 years on each of 5 counts of Burglary; all to run concurrently; DANGEROUS; imposed on June 30, 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 on each of the 5 counts of Burglary; the sentences shall be served concurrently; and the Defendant shall be designated as NON-DANGEROUS for purposes of parole eligibility.

This Board finds that designating the Defendant as DANGEROUS does not comply with Mont. Code Ann. Section 46-18-404, Subsection (l)(a) and (b), and it is improper to consider charges that did not result in a conviction.

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DECISION

The application of the above-named defendant for a review of the sentence of 10 years on each of 5 counts of Burglary; all to run concurrently; DANGEROUS; imposed on June 30, 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 on each of the 5 counts of Burglary; the sentences shall be served concurrently; and the Defendant shall be designated as NON-DANGEROUS for purposes of parole eligibility.

This Board finds that designating the Defendant as DANGEROUS does not comply with Mont. Code Ann. Section 46-18-404, Subsection (l)(a) and (b), and it is improper to consider charges that did not result in a conviction.

State v. Kelly, 210 Mont. 15 (Mo. 1984).

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