On September 11, 2001, the defendant was sentenced to an eight (8) year commitment to the Department of Corrections, with three (3) years suspended, for violations of the conditions of a deferred sentence for the offense of Threatening Harm to a Public Servant, a felony. On May 2, 2002, 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 Bruce Gobeo. 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 did not wish to proceed. Therefore, it is the unanimous decision of the Sentence Review Division that the application for review of sentence shall be dismissed. Done in open Court this 2nd day of May, 2002. DATED this 22nd day of May, 2002. Chairman, Hon.
David Cybulski; Member, Hon. Katherine R. Curtis and Member, Hon. Marc Buyske.