State v. Osborne
State v. Osborne
Opinion of the Court
On November 22, 2004, the defendant was sentenced to Twelve (12) years in the Montana State Prison, with two (2) years suspended, for the offense of Robbery, a felony.
On March 7, 2005, 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 Carl Jensen. 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 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.
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.
Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.
Done in open Court this 7 th day of March, 2005.
DATED this 318t day of March, 2005.
Reference
- Full Case Name
- STATE OF MONTANA v. JEFFREY OSBORNE
- Status
- Published