Driver v. Sentence Review Division in Supreme 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 filed a Petition for Writ of Supervisory Control with this Court, asserting the Division was proceeding under a mistake of law.

¶2 We state the issues as follows:

¶3 1. Is the exercise of…