State v. Nelson
This text of 263 Mont. 35 (State v. Nelson) 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 February 10, 1993, the Defendant was sentenced to twenty (20) years for Burglary; credit is given for 24 days time served.
On May 7,1993, 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 Michael F. Bailey, Attorney at Law from Missoula, Montana. 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 to increase it if such is possible. 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 wished to proceed.
After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.
The reason for the decision is the sentence imposed by the District Court is presumed correct pursuant to Section 46-18-904(3), MCA. The Division finds that the reasons advanced for modification are insufficient to deem inadequate or excessive as required to overcome the presumption per Rule 17 of the Rules of the Sentence Review Division of the Montana Supreme Court.
The Sentence Review Board wishes to thank Michael Bailey, Attorney at Law from Missoula, Montana, his assistance to the defendant and to this Court.
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Cite This Page — Counsel Stack
263 Mont. 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-nelson-mont-1993.