
    STATE OF MONTANA, Plaintiff, vs. DAVID M. SMITH, Defendant.
    
      Cause No. DC-02-316
    Amended Judgment and Commitment
   On September 18, 2003, the defendant was sentenced to the following: Count I: A commitment of six (6) months in the Missoula County Detention Center, for the offense of Theft, a misdemeanor; and Count II: Ten (10) years in the Montana State Prison, to run concurrently with Count I, for the offense of Theft, a felony. Defendant is ineligible for parole on Count II.

On August 8, 2005, 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 Scott Spencer. The state was not represented.

The Defendant having been duly informed of the amended judgment and commitment, and having waived his right to appear before the undersigned for this pronouncement of sentence, whereupon,

IT IS ORDERED, ADJUDGED AND DECREED that the sentence shall be amended as follows: Count I: A commitment of six (6) months in the Missoula County Detention Center; and Count II: Ten (10) years in the Montana State Prison, to run concurrently with Count I. The parole ineligibility condition shall be omitted. The remaining terms and conditions shall remain as imposed in the September 18, 2003 Judgment.

DATED this 29th day of August, 2005.

Hon. Ted L. Mizner District Court Judge  