Legal Opinion · Concurrence

State v. Christopher Lewis

Montana Supreme Court

Decided July 24, 2012No. DA 11-0388Published

1ConcurrenceJustice Nelson

specially concurs.

¶33 I concur in the Court’s decision on Issues one and two and specially concur on Issue three. As to Issue three, §46-18-115, MCA, in pertinent part, requires:

Before imposing sentence or making any other disposition upon acceptance of a plea or upon a verdict or finding of guilty, the court shall conduct a sentencing hearing, without unreasonable delay, as follows:(6) In felony cases, the court shall specifically state all reasons for the sentence, including restrictions, conditions, or enhancements imposed, in open court on the record and in the written judgment.

¶34 In…

2Cases cited7 opinions

  1. State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
  2. State v. OsterlothMontana Supreme Court · 2000
  3. State v. TrujilloMontana Supreme Court · 2008
  4. State Ex Rel. Shea v. Judicial Standards CommissionMontana Supreme Court · 1982
  5. State v. PayneMontana Supreme Court · 2011

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