Montana Supreme Court, 1982

State v. McGuinn

State v. McGuinn
Montana Supreme Court · Decided May 12, 1982 · Gary, Langen, Salansky
198 Mont. 11

State v. McGuinn

Opinion of the Court

The application of the above-named defendant for a review of the sentence of 100 years imposed on February 23,1977, was fully heard and after a careful consideration of the entire matter it is decided that:

The sentence shall be amended to 100 years with 50 years suspended.

The reasons for the reduction in sentence are as follows:

(1) The Defendant had no previous criminal history whatsoever,

(2) This Division did not hear from the County Attorney or the Sentencing Judge in

a matter of this grave importance,

(3) There was no presentence report, and

(4) There were no reasons stated in the judgment as to why this great of a sentence was imposed on this individual.

JUDGE SALANSKY

DISSENTS: He would recommend suspending 25 years but not 50 years.

We wish to thank Leonard Haxby, Attorney from Butte for his assistance to the Defendant and to this Court.

*12DATED this 12th day of May, 1982.

SENTENCE REVIEW DIVISION

Leonard Langen, Chairman; Joseph Gary, James Salansky

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