2009 Montana Code Annotated
TITLE 46. CRIMINAL PROCEDURE
CHAPTER 18. SENTENCE AND JUDGMENT
Part 9. Appellate Review of Legal Sentences
46-18-903. Application for review.

     46-18-903. Application for review. (1) A person sentenced to a term of 1 year or more in the state prison or to the custody of the department of corrections by a court of competent jurisdiction may within 60 days from the date the sentence was imposed, except in a case in which a different sentence could not have been imposed, file with the clerk of the district court in the county in which judgment was rendered an application for review of the sentence by the review division. Upon imposition of the sentence, the clerk shall give written notice to the person sentenced and to the person's counsel of the right to make a request. The notice must include a statement that review of the sentence may result in a decrease or increase of the sentence within limits fixed by law.
     (2) The clerk shall transmit the application to the review division and shall notify the judge who imposed the sentence, the county attorney of the county in which the sentence was imposed, and the person's counsel of record. The judge may transmit to the review division a statement of the judge's reasons for imposing the sentence and shall transmit the statement within 7 days if requested to do so by the review division.
     (3) The review division may for cause shown consider any late request for review of sentence and may grant or deny the request.
     (4) The filing of an application for review may not stay the execution of the sentence.

     History: En. 95-2502 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2502; amd. Sec. 3, Ch. 69, L. 2003.