State v. Kraft
This text of 325 Mont. 92 (State v. Kraft) 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 October 23, 2003, the defendant was sentenced to Ten (10) years in the Montana Women’s Prison to run consecutively with the sentence received in Cause #DC-97-0083, for the offense of Theft, a felony.
On September 24, 2004, 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 Carl DeBelly. The state was not represented.
Rule 17 of the Rules of the Sentence Review Division of the Supreme Court of Montana provides that “the sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (§46-18-904(3), MCA).
The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.
Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.
Done in open Court this 24th day of September, 2004.
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Cite This Page — Counsel Stack
325 Mont. 92, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-kraft-mont-2004.