
    STATE OF MONTANA, Plaintiff, vs. JAKE STONE, Defendant.
    NO. 92-59
    DECISION
   On February 23, 1993, the Defendant was sentenced to Eight (8) years for Felony Assault; Eight (8) years for Aggravated Assault. The two sentence are to be served consecutively, with the last Eight (8) years for the sentence to be suspended upon the terms and conditions listed in the February 23, 1993 Judgment. The Defendant is designated a dangerous offender.

On July 23,1993, 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 proceeded pro se. The state was not represented.

DATED this 23rd day of July, 1993.

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 if such is possible. 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.

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

The reason for the decision is the sentence imposed by the District Court is presumed correct pursuant to Section 46-18-904(3), MCA. The Division finds that the reasons advanced for modification are insufficient to deem inadequate or excessive as required to overcome the presumption per Rule 17 of the Rules of the Sentence Review Division of the Montana Supreme Court.

Hon. Thomas McKittrick, Chairman, Hon. G. Todd Baugh, and Hon. John Warner, Judges  