DECISION

The application of the above-named defendant for a review of the sentence of 40 years; DANGEROUS imposed on November 14, 1979, was fully heard and after a careful consideration of the entire matter it is decided that: the sentence be amended to 40 years, NON-DANGEROUS.

Reasons for the amendment are:

(1) No previous criminal record;

(2) The statute was not complied with;

(3) Insufficient reasons stated by sentencing judge; and

(4) The Defendant received the maximum sentence.

DISSENTS: He felt the sentence imposed was justified. We wish to thank Brad Newman of the Montana Defender Project for his assistance to the Defendant and to this Court.