
    STATE OF MONTANA, Plaintiff, vs. WALTER HILL, Defendant,
    Cause No. DC-05-460
    Decision
    DATED this 19th day of November, 2006.
   On May 23, 2006, the defendant was sentenced to five (5) years in the Montana State Prison for violation of the conditions of a deferred sentence for the offense of Criminal Possession of Dangerous Drugs (Meth), a felony.

On November 2, 2006, 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 Paulette Ferguson. 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 a first offense when compared to sentences given toward similar crimes around the state.

Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be modified to a commitment to the Department of Corrections for a term of five (5) years, with two (2) years suspended. The terms and conditions shall remain as originally imposed. The Defendant shall receive credit for time served.

Done in open Court this 2nd day of November, 2006.

Chairperson, Hon. John Whelan, Member, Hon. Randal I. Spaulding and Alt. Member, Hon. Kurt Krueger.  