
    STATE OF MONTANA, Plaintiff, vs. Ray Myers, Defendant.
    NO. DC 97-07
    DECISION
    Done in open Court this 5th day of November, 1998.
    DATED this 30th day of November, 1998.
   On June 26, 1998, the Defendant was sentenced to twenty (20) years in the Montana State Prison on each of the Counts I - VII, with five (5) of those years suspended. The sentences imposed in Counts II - VII shall run concurrent with Count I.

On November 5, 1998, 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 advised of his right to be represented by counsel. The Defendant proceeded Pro Se. The state was represented by Gary Ryder.

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 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 understood this and stated that he wished to proceed.

Rule 17 of the Rules of the Sentence Review Division provides: “The sentence imposed by the District Court is presumed correct, and the sentence will not be reduced or increased unless it is deemed clearly inadequate or excessive.” (Section 45-18-904(3), MCA.) The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is inadequate or excessive.

After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed.

Chairman, Hon. Wm. Neis Swandal, Member, Hon. Jeffrey H. Langton and Member, Hon. Richard G. Phillips.

The Sentence Review Board wishes to thank Mr. Ryder for representing the State in this matter.  