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DRIVER v. SENTENCE REVIEW DIV. IN SUP. CT.

No. OP 09-0609.

227 P.3d 1018 (2010)

2010 MT 43

Jerel DRIVER, Charles Smith, Alan Combs, Abel Gonzales, Michael Hammond, Martin Swan, Clifford Delger, Daniel Miles, Timothy Deherrera, William Piper, Ronald Hummel, Steven Whiteclous, Cleve Spang, Zane Wymore, Darin Guckeen, Tommy Seth Dellar, Petitioners, v. The SENTENCE REVIEW DIVISION IN the SUPREME COURT OF the STATE OF MONTANA, Respondent.

Supreme Court of Montana.

Decided March 9, 2010.

Attorney(s) appearing for the Case

For Petitioners: Joslyn Hunt, Chief Appellate Defender (argued); Eric Olson (argued), Assistant Public Defender, Helena, Montana.

For Respondent: Hon. Steve Bullock, Montana Attorney General; Sheri K. Sprigg, Assistant Attorney General (argued), Helena, Montana, Dennis Paxinos, Yellowstone County Attorney; Mark Murphy, Chief Criminal Deputy County Attorney (argued), Billings, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Petitioners filed a motion with the Sentence Review Division (Division) seeking clarification of the standard of review to be applied to criminal sentences submitted to the Division for review. The Division denied the Petitioners' motion, holding that the "clearly inadequate or excessive" standard under Rule 17, Mont. Sent. Rev. Div., correctly stated the appropriate standard of review. Petitioners then...

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