State v. Pinex

377 Mont. 132

• Court: Montana Supreme Court
• Decided: November 24, 2014
• Docket: CAUSE NO. DC-13-20
• Status: Published

Opinion

On August 11, 2014, the Defendant was sentenced for Count I: Criminal Possession of Dangerous Drugs (Heroin), a Felony, in violation of §45-9-102(1)(4),MCA, to a commitment to the Montana State Prison for a term of five (5) years, none of which is suspended, with credit for time served. The term of sentence shall be served without the possibility of parole.

On November 6, 2014, the Defendants Application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court (hereafter “the Division”).

The Defendant was present and was represented by Ed Sheehy, Jr., Montana Office of Public Defender. The State was not represented.

Before hearing the Application, the Defendant was advised that the 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 Division. The Defendant acknowledged that he understood this and stated that he wished to proceed.

Rule 12, Rides of the Sentence Review Division of the Supreme Court of Montana, provides that, “The sentence imposed by the District Court is presumed correct. The sentence shall not be reduced or increased unless it is clearly inadequate or clearly excessive.” (Section 46-18-904(3), MCA).

The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is clearly inadequate or clearly excessive.

Therefore, it is the unanimous decision of the Division that the sentence shall be AFFIRMED.

Done in open Court this 6th day of November, 2014.

Chairperson, Hon. Brad Newman, Member Hon. Kathy Seeley and Member Hon. Brenda GObert.