Montana Supreme Court, 2010

State v. Sirucek

State v. Sirucek
Montana Supreme Court · Decided December 15, 2010 · Chairperson, Hon, Jones
359 Mont. 99

State v. Sirucek

Opinion of the Court

The Decision of November 4, 2010 of the Sentence Review Division was incorrect in that the first paragraph of the Decision stated the defendant was sentenced for violating conditions of a suspended sentence for the offense of Burglary. The defendant was never convicted of Burglary; the underlying offense was “Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs, a Fourth or Subsequent Offense, a Felony.”

NOW, THEREFORE, IT IS ORDERED AD JUDGED AND DECREED THAT the November 4, 2010 Decision, Paragraph one, shall be amended to read as follows:

On May 26, 2010, the defendant was sentenced for violation of the conditions of a suspended sentence, to a commitment to the Department of Corrections for a term of four (4) years, for the offense of Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs, a Fourth or Subsequent Offense, a Felony. The Court recommended the Defendant be considered for placement at Connections Corrections and pre-release programs if deemed appropriate by the Department of Corrections and *100earned by the Defendant’s successful completion of any treatment programs.

DATED this 15th day of December, 2010.

Chairperson, Hon. Blair Jones.

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