(Download) "State v. Brendal" by Ohio Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Brendal
- Author : Ohio Court of Appeals
- Release Date : January 20, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
1 Laura Brendal (Brendal) appeals from her sentence in the Fourth Judicial District Court. Brendal pleaded guilty to fraudulently obtaining dangerous drugs (second offense), a felony in violation of § 45-9-104, MCA, and was sentenced to the Montana Womens Prison (MWP) for a period of 25 years, with 15 suspended. Prior to her sentencing, the State notified Brendal of its intent to have her sentenced as a persistent felony offender (PFO) pursuant to § 46-18-501, MCA, based on prior convictions for fraudulently obtaining dangerous drugs. The District Court sentenced Brendal as a PFO, and imposed a mandatory minimum of 10 years in prison. Brendal maintains that the District Court was proceeding under a mistake of law when it imposed this sentence, and that it should have considered sentencing her to a drug treatment program pursuant to its authority under the alternative sentencing authority (ASA) statute, § 45-9-202, MCA. We affirm.
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