State v. BrownState v. Brown
- Reporters:
- Before:
- Baugh
On May 1, 1992, the Defendant was sentenced to twelve (12) yеars for Burglary with credit for 15 days time served. The defеndant was fined $1000 together with a surcharge of $100 and is ordered to pay restitution in the amount of $693.24.
On July 24, 1992, the Defendant’s application for review of thаt sentence was heard hy the Sentence Review Division of the Montana Supreme Court.
The Dеfendant was present and was represented by Gary Doran, Attorney at Law from Kalispell, Montana. 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 sentеnce or affirm it, but also to increase it if such is рossible. The defendant was further advised that therе is no appeal from a decision of thе Sentence Review Division. The defendant acknowledged that he -understood this and stated that hе wished to proceed.
After careful cоnsideration, it is the unanimous decision of the Sentence Review Division that the sentence shall bе amended to twelve (12) years with seven (7) years suspended.
It is recommended that he be plaсed at the Swan River Youth Camp for the periоd of his incarceration. During the suspended pоrtion of his sentence, the defendant shall be placed under the jurisdiction of the Department of Corrections and that he be subject to аny and all rules and regulations that the Adult Probation аnd Parole may enforce.
It is further ordered, thаt he obtain counseling as directed by his probation officer; that he submit his person to breath оr urinalyses as may he required by his counselor or рrobation officer; that he attend weekly alcoholics anonymous meetings; that his probation officer has the right to limit the defendants right to thе association with any individuals; during the period of his рrobation, the defendant shall maintain full-time emрloyment; and he shall obtain his GED within one (1) year of bеing released from Swan River Youth Forest Camp.
Thе reasons for the decision are the Sentеnce Review Board took into accоunt the defendant’s age; this is the defendant’s first felony сonviction as an adult; and the conviction is оne of a property crime.
Hon. Ed McLeаn, Chairman, Hon. Thomas M. McKittrick, Hon. G. Todd Baugh, Judges.The Sеntence Review Board wishes to thank Gary Doran, Attorney at Law from Kalispell, for his assistance to the defendant and to this Court.