Summary
The Montana Supreme Court's Sentence Review Division reviewed the defendant's revoked suspended sentence for felony criminal mischief and related offenses. The Division unanimously affirmed the district court's two-year sentence, concluding that the reasons offered for modification did not show that the sentence was clearly inadequate or clearly excessive.
Topics
Practice areas
Questions Presented
- Whether Bear's revoked sentence was clearly inadequate or clearly excessive so as to warrant reduction or increase by the Sentence Review Division.
Holdings
- The sentence imposed by the District Court was not clearly inadequate or clearly excessive, so the Sentence Review Division affirmed it.
Key quotations
“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.” (49)
Factual background
Bear was sentenced in 2006 to two years in the Department of Corrections, suspended, for felony criminal mischief, along with concurrent misdemeanor penalties. After the suspended sentence was revoked on February 6, 2014, the District Court imposed a two-year Department of Corrections sentence and credited Bear with 38 days served. Bear sought review and modification by the Sentence Review Division.
Procedural history
Bear was originally sentenced in 2006 for felony criminal mischief and misdemeanor disorderly conduct, with the felony sentence suspended. On February 6, 2014, the suspended sentence was revoked and Bear received a two-year Department of Corrections sentence. The Sentence Review Division heard Bear's application on May 8, 2014, advised him that it could increase or reduce the sentence and that its decision was not appealable, and unanimously affirmed the sentence.