State v. Looking

Montana Supreme Court

State v. Looking

154 Mont. 4

CourtMontana Supreme Court

DecidedDecember 29, 1969

DocketNO. 5486B

StatusPublished

This text of 154 Mont. 4 (State v. Looking) 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. Looking, 154 Mont. 4 (Mo. 1969).

Pincite

Opinion

DECISION

The application of the above-named defendant for a review of the sentence of ten years for forgery imposed on October 24, 1965, 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 imposed 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 carries a possible penalty of 14 years imprisonment, that the defendant has a record of several prior convictions for the same offense, and on August 15, 1969, the day he was leaving on parole from his present sentence, four counterfeit $20.00 bills were found in his possession and defendant will now leave on “Parole to Federal Detainer”.

We thank D. Frank Kampfe, Esq., of the Montana Defender Project for his assistance to the defendant and to the Court.

SENTENCE REVIEW DIVISION

Philip C. Duncan, chairman; Paul G. Hatfield 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 for forgery imposed on October 24, 1965, 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 imposed 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 carries a possible penalty of 14 years imprisonment, that the defendant has a record of several prior convictions for the same offense, and on August 15, 1969, the day he was leaving on parole from his present sentence, four counterfeit $20.00 bills were found in his possession and defendant will now leave on “Parole to Federal Detainer”.

We thank D. Frank Kampfe, Esq., of the Montana Defender Project for his assistance to the defendant and to the Court.

SENTENCE REVIEW DIVISION

Philip C. Duncan, chairman; Paul G. Hatfield and Sid G. Stewart.

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Bluebook (online)

154 Mont. 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-looking-mont-1969.