State v. HopperState v. Hopper
- Reporters:
- Before:
- Hon
On July 7, 1995, it wаs the order and sentence and judgment of this Cоurt as follows: 1. The Order Deferring Imposition of Sentence entered by this Court on October 18, 1993, is rеvoked. For the offense of Criminal Mischief, thе defendant is committed to the Department of Corrections for a period of ten (10) years. 2. The defendant shall be given credit for as many days as the defendant shall serve at the Gallatin County Detention Center from July 6,1995, until he is transported to the Montana State Prison by the Gallatin County Sheriff. Upon his release to рrobation or parole from the Montаna State Prison, the defendant shall pay restitution in the amount of $2,356.38 to the Clerk of the District Cоurt of the Eighteenth Judicial District, 615 South 16th, Bozeman, Montana. Restitution shall be paid by the defendаnt in regular monthly payments and a schedule of restitution shall be arranged for the defendant upon his release from the Montana Stаte Prison through the defendant’s supervising parole officer.
On October 19, 1995, the Defendant’s application for review of that sentеnce was heard by the Sentence Review Division of the Montana Supreme Court.
The Defendant was present and proceeded Pro Se. The state was not represеnted.
Before hearing the applicаtion, the Defendant was advised that the Sentence Review Division has the authority not only to reduce the sentence or affirm it, but alsо to increase it. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that he undеrstood this and stated that he wished to proсeed.
Rule 17 of the Rules of the Sentence Review Division provides : “The sentence imposed‘by the District Court is presumed correсt, and the sentence will not be reduced оr increased unless it is deemed clearly inadequate or excessive.” (
After careful consideratiоn, it is the unanimous decision of the Sentencе Review Division that the sentence shall be affirmed.
Done in open Court this 19th day of October, 1995.
*89Hon. John Warner, Chairman, Hon. Ted O. Lympus, Member, Hon. Jeffrey M. Sherlock, Member.The Sentence Review Board wishes to thank Darren Edward Hopper for representing himself in this matter.