State v. Bagley

Montana Supreme Court
State v. Bagley, 152 Mont. 41 (Mont. 1969)
Hatfield, Review, Shanstrom, Stewart

State v. Bagley

Opinion of the Court

DECISION

The application of the above-named defendant for a review of the sentence of 25 years, imposed on October 18, 1966, was fully heard and after a careful consideration of the entire matter it is decided that:

(1) The sentence be and remain as originally imposed by the sentencing court. •

The reason for the above decision is that the sentence appears sufficiently lenient in that defendant was convicted of lewd and lascivious acts upon a child (his own daughter) punishable by not more than 25 years imprisonment, yet received this sentence with a record of two prior felony convictions (one involving a similar offense) that could have been charged raising his possible imprisonment to no limit.

SENTENCE REVIEW DIVISION Jack D. Shanstrom, acting chairman; Paul G. Hatfield, Sid G. Stewart.

Reference

Full Case Name
STATE OF MONTANA v. KENNETH BAGLEY
Status
Published