State v. Plumley
State v. Plumley
Opinion of the Court
On August 31,1994, the defendant was sentenced to a term of twenty (20) years in the Montana State Prison for the offense of Aggravated Kidnapping, a Felony. That,
On March 16, 1995, 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. 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 remain the same as originally imposed but the requirement that the defendant register as a sex offender following his release from custody be deleted.
The reason for the amendment 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 find that the sentence imposed is either inadequate or excessive as is required to overcome the presumption that the sentence is correct.
Done in open Court this 16th day of March, 1995.
The Sentence Review Board wishes to thank Randy Lee Plumley for representing himself in this matter.
Reference
- Full Case Name
- STATE OF MONTANA v. Randy Lee Plumley
- Status
- Published