State v. Conway
State v. Conway
Opinion of the Court
On May 25,1995, it was ordered that for the offense of Sexual Assault, a felony, the defendant is sentenced to the Montana Department of Corrections and Human Services for a period of twenty (20) years, with five (5) years suspended, upon the conditions set forth in the May 25, 1995 judgment. The department may place the defendant into an appropriate community based program, facility, or a State corree
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 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.
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 Justin Lee Conway for representing himself in this matter.
Reference
- Full Case Name
- STATE OF MONTANA v. Justin Lee Conway
- Status
- Published