
    STATE OF MONTANA, Plaintiff, vs. JOHN T. BIGCRANE, Defendant.
    No. DC-03-68
    Decision
   On December 6, 2004, the defendant was sentenced to Forty (40) years in the Montana State Prison, with Twenty (20) years suspended, for the offense of Sexual Intercourse Without Consent, a felony.

On March 7, 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 Benjamin Anciaux. 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 increase it. 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.

The Division finds that the reasons advanced for modification are sufficient to hold that the sentence imposed by the District Court is clearly excessive, in that the ineligibility for parole provision is unwarranted in light of the favorable psychosexual evaluation.

Therefore, it is the unanimous decision of the Sentence Review Division that the sentence shall be amended to Forty (40) years in the Montana State Prison, with Twenty (20) years suspended, with no restrictions on parole eligibility. The terms and conditions shall remain as imposed in the October 6, 2004 Judgment.

Done in open Court this 7 th day of March, 2005.

DATED this 31st day of March, 2005.

Chairperson, Hon. Gary L. Day, Member, Hon. John Whelan and Member, Hon. Randal I. Spaulding.  