
    Montana Eleventh Judicial District Court. County of Flathead.
    STATE OF MONTANA, Plaintiff, -vs- KENNETH MARTIN CHANDLER, Defendant.
    CAUSE NO. DC-10-134
   DECISION

Done in open Court this 5th day of February, 2016.

DATED this 29th day of February, 2016.

On October 29, 2015, in Cause No. DC-03-392, the Defendant was sentenced to the Montana State Prison for five (5) years; in Cause No. DC-10-134, the Defendant was sentenced to the Montana State Prison for a consecutive term of three (3) years. Both of these sentences are to run concurrent to his Federal Sentence of 70 months in a U.S. Bureau of Prisons filed on Sept. 3, 2015. Defendant was given credit for three hundred ninety-four (394) days time served.

On February 5, 2016, the Defendant’s Application for review of that sentence was heard by the Sentence Review Division of the Montana Supreme Court (hereafter “the Division”).

The Defendant was present and was represented by Jennifer Streano of the Office of the State Public Defender. The State was not represented.

Before hearing the Application, the Defendant was advised that the Division has the authority not only to reduce the sentence or affirm it, but also to increase it. The Defendant was further advised that there is no appeal from a decision of the Division. The Defendant acknowledged that he understood this and stated that he wished to proceed.

Rule 12, Rules of the Sentence Review Division of the Supreme Court of Montana, provides that, “The sentence imposed by the District Court is presumed correct. The sentence shall not be reduced or increased unless it is clearly inadequate or clearly excessive.” (Section 46-18-904(3), MCA).

The Division finds that the reasons advanced for modification are insufficient to hold that the sentence imposed by the District Court is clearly inadequate or clearly excessive.

Therefore, it is the unanimous decision of the Division that the sentence is AFFIRMED.

Hon. Brenda Gilbert, Chairperson, Hon. Brad Newman, Member and Hon. John Warner, Member.  