State v. Azure
State v. Azure
Opinion of the Court
On October 24, 1995, it was the order of the Court that the defendant’s deferred sentence be revoked and that April Azure, be sentenced to serve ten (10) years in the Montana State Women’s Correctional Facility, Billings, Montana, for the crime of Count I: Criminal Sale of Dangerous Drugs, a Felony. It is further ordered that the
On March 7,1996, 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 was represented by Dave Peck, legal intern of the Montana Defender Project. 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 she understood this and stated that she wished to proceed.
Rule 17 of the Rules of the Sentence Review Division provides: "The sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive." (Section 45-18-904(3), MCA.) The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.
After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.
Done in open Court this 7th day of March, 1996.
The Sentence Review Board wishes to thank Dave Peck, legal intern of the Montana Defender Project for representing April Azure in this matter.
Reference
- Full Case Name
- STATE OF MONTANA v. April L. Azure
- Status
- Published