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State v. Parke

Supreme Court of Montana

September 18, 2019

STATE OF MONTANA, Plaintiff,
v.
CHARLIE PARKE, Defendant.

          JUDGMENT

         This matter came before the Court on the 21st day of March, 1988, with the Honorable Mark P. Sullivan presiding. The Defendant, CHARLIE PARKE, was present in Court together with his Counsel Brad Belke, Esq. The State of Montana was present and represented by Deputy County Attorney William M, O'Leary. This was the time set for the sentencing of the Defendant.

         When Court convened, the Court was advised that the Defendant had appeared on February 5, 1988, and had pled guilty to each of the two (2) counts of felony CRIMINAL SALE OF DANGEROUS DRUGS contained in the Information which plea had been accepted by the Court, and the Defendant was adjudicated guilty of that offense. The Court at that time had ordered the preparation of a pre-sentence investigation report.

         The Court was further advised that the pre-sentence investigation report had been completed and submitted to the Court, with copies provided to both parties. The Defendant advised the Court that he had no objection to the information contained in such report. The Court then heard testimony from Probation and Parole Officer John J. Riley, who had prepared the pre-sentence investigation report. After carefully considering the entire record;

         IT IS THE JUDGMENT OF THIS COURT that the Defendant, CHARLIE PARKE, is guilty of two (2) counts of the felony offense of CRIMINAL SALE OF DANGEROUS DRUGS, in violation of Section 45-9-101(1), MCA 1987.

         IT IS THE DECISION OF THIS COURT that the Defendant, CHARLIE PARKE, shall be sentenced to a term of five (5) years in the Montana State Prison on each of the two (2) counts. Said sentences to be served concurrently with each other. However, the Court hereby suspends execution of two (2) years of each of the five (5) year sentences subject to the following conditions and terms:

         1. Upon his discharge from Montana State Prison the Defendant shall report to the State of Montana Adult Probation and Parole Office where he shall sign an agreement such as is signed by a parolee from the Montana State Prison. Thereafter the Defendant shall submit himself to the supervision of a Montana State Probation Officer for the entire two (2) year period of the suspended sentence, and shall obey all the rules and regulations of the Probation Office.

         2. The Defendant for the two (2) year period of the suspended sentence shall refrain from any violation of federal, state, or local laws.

         3. The Defendant shall seek to complete his high school education or the equivalent thereof, and also seek drug and alcohol abuse counselling.

         The Court hereby recommends that the Defendant be transferred as soon as possible from the Montana State Prison to Swan River Youth Camp to serve his prison sentence. If said transfer is not made within sixty (60) days of the date of this Judgment, the Defendant shall be returned to this Court for further sentencing.

         IT IS FURTHER ORDERED that the Defendant shall be given credit for time served in the Butte-Silver Bow County Jail in the amount of fifty-two (52) days.

         IT IS FURTHER ORDERED that the Defendant is designated non-dangerous for parole purposes.

         The Defendant has been sentenced to Montana State Prison after this Court has fully considered the gravity of the offense, the possible punishment permitted by law, the deterrent effect on others, the protection of society while the Defendant is incarcerated, and the possibilities, or lack thereof, of rehabilitation of this Defendant. The Court has also considered the information contained in the pre-sentence investigation report, especially the Defendant's prior criminal record.

         The Defendant is hereby remanded to the custody of the Butte-Silver Bow Sheriff for transportation to the Montana State Prison at Deer Lodge, Montana. Upon arrival at the Montana State Prison, the Defendant shall be turned over to the custody of the warden of the Montana State Prison who shall insure that the sentence imposed by this Court is carried out.

         DATED this 21st ...


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