State v. Johnson
State v. Johnson
Opinion of the Court
On March 30,1995, it was the judgment of the Court that Defendant be sentenced to a term of five (5) years in the Montana State Prison for the offense of Indecent
On August 22,1996, Defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.
Defendant was present and proceeded Pro Se. The State was represented by Fred VanValkenburg, Deputy Missoula County Attorney.
Before hearing the application, 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. Defendant was further advised that there is no appeal from a decision of the Sentence Review Division. 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 excessive, but does find that the sentence is inadequate for the reasons set forth below.
Upon such consideration, it is the unanimous decision of the Sentence Review Division that the sentence shall be modified to the effect that Defendant will not be eligible for parole until he has served 30 years of the sentence imposed and also that he successfully complete all phases of the Sex Offender Program at Montana State Prison.
The reasons for the modification are that Defendant has exhibited to the sentencing Court and even more so to this Court an absolute absence of acceptance of accountability and also the fact that previous prison sentences have done absolutely nothing for him since he soon re-offends.
Done in open Court this 22nd day of August, 1996.
The Sentence Review Board wishes to thank Lyle Henry Johnson for representing himself in this matter and also Fred VanValkenburg, Deputy County Attorney for representing the State.
Reference
- Full Case Name
- STATE OF MONTANA v. Lyle Henry Johnson
- Status
- Published