
    From: The District Court of the Eighteenth Judicial District, County of Gallatin,
    STATE OF MONTANA, Plaintiff vs. ERNEST “JIGGS” ELLIOTT, Defendant.
    No. DC-87-05
    DATED this 12th day of November, 1987.
   DECISION

The application of the above-named defendant for a review of the sentence for Count I, 25 years for Criminal Sale of Dangerous Drugs; Count II, 25 years for Conspiracy to Sell Drugs; to be served concurrently; and concurrent to any sentence imposed in Cause No. DC-86-16A imposed on March 26, 1987, was fully heard and after a careful consideration of the entire matter it is decided that: the sentence shall be amended to 15 years on each count to be served concurrently to each other and concurrent to any sentence imposed in Cause No. DC-86-16A

Reasons for the amendment are:

(1) 25 years is excessive under the circumstances; and
(2) The original sentence was disproportionate to what the other Co-Defendants received.

HONORABLE DOUGLAS HARKIN

DISSENTS; He would have amended the sentence to 20 years.

We wish to thank Marty Lambert, Deputy County Attorney from Gallatin County for appearing before the Sentence Review Board.

We wish to thank Steve Ungar, Attorney at Law from Bozeman, for his assistance to the Defendant and to this Court.

SENTENCE REVIEW DIVISION

Frank M. Davis, Chairman, Thomas C. Honzel, Douglas Harkin, dissenting.  