State v. Nava

Montana Supreme Court

State v. Nava

210 Mont. 6

CourtMontana Supreme Court

DecidedJanuary 6, 1984

DocketNo. DC-82-328

StatusPublished

This text of 210 Mont. 6 (State v. Nava) 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. Nava, 210 Mont. 6 (Mo. 1984).

Pincite

Opinion

DECISION

The application of the above-named defendant for a review of the sentence of 11 years on each count of aggravated assault and two years for use of a weapon; all to be served concurrently imposed on February 25, 1983, was fully heard and after a careful consideration of the entire matter it is decided that: the sentence shall be amended to eleven years on each of two counts of Aggravated Assault, to be served concurrently, plus an additional two years for the use of a weapon, to be served consecutively to the Aggravated Assault charges. The Defendant shall be designated as NON-DANGEROUS for parole eligibility.

Reasons for the amended sentence are:

(1) The statute requires that an additional sentence for offenses committed with a dangerous weapon shall run consecutively to the sentence provided for the offense,

(2) the serious nature of the crime, and

(3) the extensive past criminal history of the Defendant.

We wish to thank Dave Hoffman of the Montana Defender project for his assistance to the Defendant and to this Court.

SENTENCE REVIEW DIVISION Joseph B. Gary, Mark P. Sullivan, John S. Henson

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DECISION

The application of the above-named defendant for a review of the sentence of 11 years on each count of aggravated assault and two years for use of a weapon; all to be served concurrently imposed on February 25, 1983, was fully heard and after a careful consideration of the entire matter it is decided that: the sentence shall be amended to eleven years on each of two counts of Aggravated Assault, to be served concurrently, plus an additional two years for the use of a weapon, to be served consecutively to the Aggravated Assault charges. The Defendant shall be designated as NON-DANGEROUS for parole eligibility.

Reasons for the amended sentence are:

(1) The statute requires that an additional sentence for offenses committed with a dangerous weapon shall run consecutively to the sentence provided for the offense,

(2) the serious nature of the crime, and

(3) the extensive past criminal history of the Defendant.

We wish to thank Dave Hoffman of the Montana Defender project for his assistance to the Defendant and to this Court.

SENTENCE REVIEW DIVISION Joseph B. Gary, Mark P. Sullivan, John S. Henson

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Bluebook (online)

210 Mont. 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nava-mont-1984.