
    Done in open Court this 2nd day of August, 2007.
    DATED this 14th day of August, 2007.
    STATE OF MONTANA, Plaintiff, vs. RAYMOND EVERT, Defendant,
    CAUSE NO. DC-97-024CB)
    DECISION
   On September 4, 1997, the defendant was sentenced to sixty-five (65) years in the Montana State Prison, with fifteen (15) years suspended, for the offense Sexual Assault, a felony. The Defendant is ineligible for parole until he completes all phases of the prison’s sex offender treatment program offered at the Montana State Prison.

On August 2, 2007, the defendant’s application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court.

The defendant was present and was represented by Eric Olson. 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 sentence or affirm it, but also 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 understood this and stated that he wished to proceed.

The Division finds that the reasons advanced for modification are sufficient to hold that the sentence imposed by the District Court is clearly excessive in light of sentences given toward similar crimes around the state.

Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be amended to sixty (60) years in the Montana State Prison, with thirty-five (35) years suspended. The conditions shall remain as imposed in the September 4, 1997 Judgment.

Chairperson, Hon. Randal I. Spaulding, Member, Hon. Katherine Irigoin and Member, Hon. Stewart Stadler.  