On February 14,2000, the defendant was sentenced to five (5) years in the Montana State Prison.
On August 24, 2000, the defendants 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 Nik Gerardos. 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.
It is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed, with the amendment that the defendant receive credit for successful probation time from August 9, 1998, through February 22, 1999, after which he was found to be in violation of his probation.
The reasons for this amendment are that the defendant did not violate any laws during that period of time, that have been established before this Court; and also that the defendant did suffer a severe head injury during this same time period and was receiving treatment.
Chairman, Hon. Jeffrey H. Langton, Member, Hon. Marge Johnson, Member, Hon. David Cybulski.