
    From: The District Court of the Fourth Judicial District, County of Missoula,
    STATE OF MONTANA, Plaintiff vs. TIMOTHY LEE DAVIS, Defendant.
    No. 6898
   DECISION

The application of the above-named defendant for a review of the sentence of 10 years with 7 years suspended for Issuing a Bad Check; $1,515.46 Restitution; transfer to Swan River within 30 days of his arrival at MSP, imposed on August 1, 1986, was fully heard and after a careful consideration of the entire matter it is decided that: the sentence shall be amended to five years with 2 years suspended. The restitution and conditions of probation remain the same as originally imposed.'

DATED this 12th day of November, 1987.

Reasons for amendment are:

(1) The age of the defendant;

(2) The nature of his crime was that of non-violence; and

(3) The petitioner appears to be a good prospect for rehabilitation.

HONORABLE DOUGLAS HARKIN

DISSENTING: He would continue with the Sentence originally imposed because of the poor performance the Defendant showed while on probation.

We wish to thank William Joyce of the Montana Defender Project for his assistance to the Defendant and to this Court.

SENTENCE REVIEW DIVISION

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