
    STATE OF MONTANA, Plaintiff, vs. FAYE R. SLICE, Defendant.
    NO. DC 94-300
    DECISION
   On September 16, 1994, the defendant was committed to the Director of the Department of Corrections and Human Services to be placed in an appropriate community based program, facility or a State Correctional Institution, for custody, care and treatment for the term of five (5) years for the offense of Deceptive Practices (Felony). The defendant shall make restitution in the amount of four thousand six hundred sixty-six dollars and 84/100 ($4,666.84). Said restitution shall be made payable in monthly payments on a schedule to be supervised and regulated by the Adult Probation and Parole Field Services and to be made payable to the Clerk of Court, Billings, Montana. The defendant shall secure and maintain full-time, legitimate employment and defendant shall participate in educational or vocational training programs as directed by her Supervising Officer and shall not terminate such programs without prior approval from her supervising officer. The defendant shall not frequent any gambling establishment or shall she enter into any game of chance. The defendant is further notified that the law imposes upon her the duty to pay a supervisory fee of One Hundred Twenty dollars ($120.00) a year prorated at Ten Dollars ($10.00) a month for the number of months that she is hereunder Supervision. This fee is payable to the Clerk of Court. It is further ordered that the defendant shall pay to the Clerk of District Court the sum of Twenty Dollars ($20.00) for this conviction.

DATED this 21st day of December, 1994.

On December 9,1994, 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.

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. The defendant was further advised that there is no appeal from a decision of the Sentence Review Division. The defendant acknowledged that she understood this and stated that she wished to proceed.

After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence will remain the same as originally imposed.

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. The Sentence Review Division may only consider that which was presented before the sentencing court. If the pre-sentence investigation is incomplete or in error, then that matter needs to be addressed by post-conviction relief or taken to the parole board.

Hon. G. Todd Baugh, Chairman, Hon. John Warner and Hon. Jeffrey M. Sherlock, Members.  