State v. Anderson
State v. Anderson
Opinion of the Court
On October 8,1997, the defendant, Kip Dwight Anderson, is guilty of the crimes of Driving or being in actual physical control of a vehicle while under the influence of alcohol or drugs (4th or Subsequent Of
On February 19, 1998, 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.
The Sentence Review Board wishes to thank Kip Dwight Anderson for representing himself in this matter.
Reference
- Full Case Name
- STATE OF MONTANA v. Kip Dwight Anderson
- Status
- Published