State v. Hollingsworth
State v. Hollingsworth
Opinion of the Court
On June 26, 2014, the Defendant was sentenced for Criminal Possession of Dangerous Drugs-Opiate/Meth, in violation of 45-9-102(4), MCA, to a commitment to the Department of Corrections for a term of five (5) years, with two (2) years suspended.
On November 6,2014, the Defendant’s Application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court (hereafter The Division”).
The Defendant was present and was represented by Ed Sheehy, Jr., Montana Office of Public Defender. The State was not represented.
Before hearing the Application, the Defendant was advised that the Division has the
Ride 12, Rules of the Sentence Review Division of the Supreme Court of Montana, provides that, “The sentence imposed by the District Court is presumed correct. The sentence shall not be reduced or increased unless it is clearly inadequate or clearly excessive.” (Section 46-18-904(3), MCA).
The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is clearly inadequate or clearly excessive.
Therefore, it is the unanimous decision of the Division that the sentence shall be AFFIRMED.
Done in open Court this 6th day of November, 2014.
Reference
- Full Case Name
- STATE OF MONTANA, -vs- STEVEN ERIC HOLLINGSWORTH
- Status
- Published