State v. Bliven
State v. Bliven
Opinion of the Court
On June 14, 1994, the Defendant was sentenced to a term of five (5) years in the Montana State Prison, on each count for Count I & II: Domestic Abuse, a Felony. Said sentences shall run consecutively with each other. It is the recommendation of the Court that the Defendant be considered for placement in a pre-release center after he
On August 19, 1994, the Defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.
The Defendant was present and proceeded Pro Se. The state was not represented.
Before hearing the application, the Defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but also to increase it if such is possible. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he understood this and stated that he wished to proceed.
After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence shall remain the same as originally imposed.
The reason for the decision is the sentence imposed by the District Court is presumed correct pursuant to Section 46-18-904(3), MCA. The Division finds that the reasons advanced for modification are insufficient to deem inadequate or excessive as required to overcome the presumption per Rule 17 of the Rules of the Sentence Review Division of the Montana Supreme Court.
The Sentence Review Board wishes to thank Lawrence Bliven for representing himself in this matter.
Reference
- Full Case Name
- STATE OF MONTANA v. LAWRENCE LYNN BLIVEN
- Status
- Published