State v. McGivern

Montana Supreme Court

State v. McGivern

154 Mont. 9

CourtMontana Supreme Court

DecidedDecember 29, 1969

DocketNO. 3418

StatusPublished

This text of 154 Mont. 9 (State v. McGivern) 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. McGivern, 154 Mont. 9 (Mo. 1969).

Pincite

Opinion

DECISION

The application of the above-named defendant for a review of the sentence of fifty years for rape, imposed on September 12th, 1966, was fully heard and after a careful consideration of the entire matter it is decided that:

The sentence be and remain as originally imposed.

This sentence appears proper, reasonable, and sufficiently lenient, the crime, the individual, and the sentencing goals kept in mind, especially when it is considered that the presumption is that the sentencing judge was correct in his determination; that the rape was accomplished by force and violence in the presence of the victim’s 17 year old daughter who was also molested, although not raped; that the crime is punishable by imprisonment up to 99 years; that the defendant was on parole from a previous conviction for rape when he committed the rape under consideration; that if charged with the previous conviction defendant could have received a life sentence or a sentence for any number of years without limit.

As to whether or not the defendant should now be transferred to the State Hospital for psychiatric treatment is beyond the power of this Court to consider. Its power is limited to, “* * * review the judgment so far as it relates to the sentence imposed * * Section 95-2503, R.G.M. 1947.

We thank Richard Volinkaty, 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 fifty years for rape, imposed on September 12th, 1966, was fully heard and after a careful consideration of the entire matter it is decided that:

The sentence be and remain as originally imposed.

This sentence appears proper, reasonable, and sufficiently lenient, the crime, the individual, and the sentencing goals kept in mind, especially when it is considered that the presumption is that the sentencing judge was correct in his determination; that the rape was accomplished by force and violence in the presence of the victim’s 17 year old daughter who was also molested, although not raped; that the crime is punishable by imprisonment up to 99 years; that the defendant was on parole from a previous conviction for rape when he committed the rape under consideration; that if charged with the previous conviction defendant could have received a life sentence or a sentence for any number of years without limit.

As to whether or not the defendant should now be transferred to the State Hospital for psychiatric treatment is beyond the power of this Court to consider. Its power is limited to, “* * * review the judgment so far as it relates to the sentence imposed * * Section 95-2503, R.G.M. 1947.

We thank Richard Volinkaty, 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. 9, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcgivern-mont-1969.