
    From: The District Court of the Eighth Judicial District, County of Cascade,
    STATE OF MONTANA, Plaintiff vs. LESTER SMITH, Defendant.
    No. CDC-86-089
   DECISION

The application of the above-named defendant for a review of the sentence for Count I, Burglary, 7 years, Count II, Theft, 7 years; the sentences shall be served concurrently with 36 days credit for time served imposed on August 8, 1986, was fully heard and after a careful consideration of the entire matter it is decided that: the sentence shall remain the same as originally imposed.

HONORABLE JUDGE THOMAS HONZEL

DISSENTS: He would have reduced the sentence by suspending three of the seven years. Although the sentencing court had reasons to impose the seven years sentence, based on the Defendant’s record and given the circumstances under which this arose, the County Attorney recommended a deferred sentence. While not mandated, the better practice is to afford a defendant an opportunity to withdraw a plea of guilty if the sentence is contrary to the plea bargain, as was the case here.

We wish to thank Steve Hagerman, Deputy County Attorney, from Cascade County for appearing before the Sentence Review Board.

DATED this 2nd day of April, 1987.

We also wish to thank John Smith of the Montana Defender Project for his assistance to the Defendant and to this Court.

SENTENCE REVIEW DIVISION

Frank M. Davis, Chairman, Thomas Honzel, Douglas Harkin, Judges.  