State v. Hertz
State v. Hertz
Opinion of the Court
On July 19,1995, it was ordered that the suspension of sentence heretofore entered on January 26, 1994 is revoked. It is further ordered that the defendant be punished by confinement in the Montana State Prison for a term in the Montana State Prison of ten (10) years for the offense of Theft, a Felony, Count II, as specified in MCA 45-6-204(1), ten (10) years for the offense of Criminal Mischief, a Felony, Count III, as specified in MCA 45-6-101(l)(a), ten (10) years for the offense of Burglary, a Felony, Count IV, as specified in MCA 45-6-204(1), ten years (10) for the offenses of Theft, a Felony, Count V, as specified in MCA45-6-301(l)(a), and ten (10) years for the offense
On November 15,1996, 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 did not wish to proceed.
After careful consideration, it is the unanimous decision of the Sentence Review Division that the petition shall he dismissed with prejudice.
Done in open Court this 15 th day of November, 1996.
Reference
- Full Case Name
- STATE OF MONTANA v. Adrian Hertz
- Status
- Published