STATE OF MONTANA, Plaintiff, vs. JAMES FRANCIS ERDLE, Defendant, 269 Mont. 9

On July 2, 1993, the Defendant was sentenced to five (5) years for the revocation of Domestic Abuse. The defendant was given credit for 142 days time served. On November 19,1993, 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 hats the authority not only to reduce the sentence or affirm it, but also to increase it if such is possible.

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. After careful consideration, it is the unanimous decision of the Sentence Review Division that the sentence shall be affirmed. 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. Hon. Thomas McKittrick, Chairman, Hon. G. Todd Baugh, Member and Hon. Robert Boyd, Alternate Member.