State v. Elliott

Montana Supreme Court
State v. Elliott, 230 Mont. 27 (Mont. 1987)
Davis, Harkin, Honzel, Review

State v. Elliott

Opinion of the Court

DECISION

The application of the above-named defendant for a review of the sentence for Count I, 25 years for Criminal Sale of Dangerous Drugs; Count II, 25 years for Conspiracy to Sell Drugs; to be served concurrently; and concurrent to any sentence imposed in Cause No. DC-86-16A imposed on March 26, 1987, was fully heard and after a careful consideration of the entire matter it is decided that: the sentence shall be amended to 15 years on each count to be served concurrently to each other and concurrent to any sentence imposed in Cause No. DC-86-16A

Reasons for the amendment are:

(1) 25 years is excessive under the circumstances; and
(2) The original sentence was disproportionate to what the other Co-Defendants received.

Dissenting Opinion

HONORABLE DOUGLAS HARKIN

DISSENTS; He would have amended the sentence to 20 years.

We wish to thank Marty Lambert, Deputy County Attorney from Gallatin County for appearing before the Sentence Review Board.

We wish to thank Steve Ungar, Attorney at Law from Bozeman, for his assistance to the Defendant and to this Court.

*28SENTENCE REVIEW DIVISION Frank M. Davis, Chairman, Thomas C. Honzel, Douglas Harkin, dissenting.

Reference

Full Case Name
STATE OF MONTANA v. ERNEST \JIGGS\" ELLIOTT"
Status
Published