State v. Koch

Montana Supreme Court
State v. Koch, 210 Mont. 28 (Mont. 1984)
Boyd, Gary, Henson, Hon, Review

State v. Koch

Opinion of the Court

DECISION

The application of the above-named defendant for a review of the sentence of 35 years; DANGEROUS, imposed on May 27, 1983, was fully heard and after a careful consideration of the entire matter it is decided that: the sentence shall remain the same as originally imposed.

The majority of the Board finds that the sentence imposed was just under the circumstances.

Dissenting Opinion

HON. JOSEPH P. GARY

DISSENTS: He does not find a history of violence in the pre-sentence report, and would recommend that the DANGEROUS designation be removed.

We wish to thank Curt Drake of the Montana Defender Project for his assistance to the Defendant and to this Court.

*29SENTENCE REVIEW DIVISION John S. Henson, Chairman, Joseph B. Gary, Robert J. Boyd

Reference

Full Case Name
STATE OF MONTANA v. PHILLIP HENRY KOCH, JR.
Status
Published