State v. McNeff
This text of 313 Mont. 72 (State v. McNeff) 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
[73]*73On June 18, 2002, the defendant was sentenced to the following: Count I: Ten (10) years in the Montana State Prison, with five (5) years suspended, for Attempted Criminal Manufacture of Dangerous Drugs, a felony; and Count II: Six (6) months in the Missoula County Detention Facility for Criminal Possession of Drug Paraphernalia, a misdemeanor.
On November 14, 2002, 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 Alice Kennedy. The state was not represented.
Before hearing the application, the defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he did not wish to proceed.
Therefore, it is the unanimous decision of the Sentence Review Division that the application for review of sentence shall be dismissed.
Done in open Court this 14th day of November, 2002.
DATED this 11th day of December, 2002.
Chairman, Hon. David Cybulski; Member, Hon. Katherine R. Curtis and Member, Hon. Marc Buyske.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
313 Mont. 72, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcneff-mont-2002.