In re Slice
- Reporters:
- , , ,
- Before:
- Gray
ORDER
Fаye Slice, pro se, has filed herein her petition for postconviction relief in connection with sentences from Yellowstone and Missoula Counties. The Attorney General for the State of Montana has filed his response. On the basis оf our review of the petition, response аnd the record, we conclude that petitioner’s claims challenging the legality of her sentеnces are procedurally barred. Petitiоner claims that various information should have been either included or excluded from the Yellоwstone County presentence investigation report. However, petitioner voiced none of her objections regarding that *338repоrt to the sentencing court, although she took the opportunity at the Yellowstone County sentеncing hearing to make minor corrections to the report, submit additional information to the Distriсt Judge and address other matters. Moreover, рetitioner made no objection in either Yellowstone County or Missoula County proceеdings regarding her claim that her probation officer had a conflict of interest or failed tо meet with family members or present favorable evidence. Absent a contemporaneous objection, petitioner’s claims have not been properly preserved for review and are waived. State v. Wild (1994) 266 Mont. 331, P.2d 840, 844; State v. Gorder (1990) 243 Mont. 333, 334-36, 792 P.2d 370, 371;
We аlso conclude that petitioner’s challenges to the equity of her sentences in Yellowstоne and Missoula Counties were previously reviewed by the Sentence Review Division and, therefore, may not be raised in her petition for pоstconviction relief. It is well established that reviеw of sentences for mere inequity or disparity must be conducted by the Sentence Review Division in accordance with statutes applicаble to those proceedings. State v. Almanza (1987) 229 Mont. 383, 386, 746 P.2d 1089, 1090-91. Moreover, the decision by the Sentence Review Division is finаl.
IT IS ORDERED that petitioner’s petition for postconviction relief should be and the same is, hereby, DENIED.
IT IS FURTHER ORDERED that the Clerk of this Court give notice of this order by mail to petitioner at the Women’s Correctional System, to the Yellowstone and Missoula Counties Attorney and to the Attorney General for the State of Montana.
Dated this 1st day of June, 1995.
/S/ J. A. TURNAGE, Chief Justice IS/ KARLA M. GRAY, Justice IS/ TERRY N. TRIEWEILER, Justice /S/WILLIAM E. HUNT, SR., Justice /S/JAMES. C. NELSON, Justice IS/ W. WILLIAM LEAPHART, Justice